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Full text of "The address of the Hon. Abraham Lincoln, in vindication of the policy of the framers of the Constitution and the principles of the Republican party, delivered at Cooper Institute, February 27th, 1860, issued by the Young Men's Republican Union ... with notes by Charles C. Nott & Cephas Brainerd .."

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the 


^.D  DEESS 


OF  THE 


HON.  ABRAHAM  LINCOLN 


IN      INDICATION   OF 


THE  POLICY  OF  THE  FEAMERS    OF    THE    CONSTITUTION    AND    THE    PRINCIPLES 
OF    THE    REPUBLICAN    PARTY. 


Delivered  at   Cooper   Institute,    February  27tli,  1860, 

ISSUED   BY 

THE    YOUNG    MEN'S     REPUBLICAN    UNION, 
(659  BROADWAY,  XEW-YORK,) 

WITH    NOTES    BY 

CHARLES    C.    NOTT   &    CEPHAS   BRAINERD, 


Members    of  the    Eoard    of    Control. 

! 


NEW- YORK : 

GEORGE  F.  NESBITT  &  CO..  PRINTERS  AND  STATIONERS. 

I860. 


OFFICERS  OF  THE  UNION. 


CHARLES  T.  RODGERS,   P         at 

DEXTER   A.    HAWKINS,    Vu&PrmdenL 
ERASMUS  STERLING,  Secretary. 

WILLIAM   M.    MI  AN  KLIN.    Treasurer. 


EXECUTIVE    COMMITTED:. 
CEPHAS   BRAINERD,  Chairman. 

B]  viamin  r.  mami:i:i'i:,  r.  G.  DEGRAW, 

RICHARD  0.  McCORMICK,  JAMES  II.  WELSH, 

OHABLES  0.  NOTT,  E.  C.  JOHNSON, 

OHABLES  II.  COOPER,  LEWIS  M.  PECK. 


ADVISORY    IIOAKD. 


WM.  CLLLKX  BRYANT, 
DANIEL  DREW, 
HIRAM   BARNEY, 
WILLIAM   V.   BRADY, 
JOHN  JAY, 
GEORGE  w.  BLUNT, 
HENRY  A.  HURLE1   L 
ABU  All    MANX,  Jb., 


HAMILTON  FISH, 
FRANCIS   HALL, 
HORACE  GREELEY, 
CHARLES  A.  PEAEODY, 
EDGAR  KETCHUM, 
JAMES  KELLY, 
GEORGE  I  OLSOM, 
WILLIAM  CURTIS  NOTES, 


BENJAMIN   I'.  MAND3RRE 


Entered  according  to  a  id  sixty,  by  Charlm 

c   Hon         I  .  I  i        .     irtof  the Southern Dl  trtotd 

New- York. 


PREFACE. 


This  edition  of  Mr.  Lincoln's  address  has  been  prepared  and 
published  by  the  Young  Men's  Republican  Union  of  New- York, 
to  exemplify  its  wisdom,  truthfulness  and  learning.  No  one  who 
has  not  actually  attempted  to  verify  its  details  can  understand 
the  patient  research  and  historical  labor  which  it  embodies.  The 
history  of  our  earlier  politics  is  scattered  through  numerous  jour- 
nals, statutes,  pamphlets,  and  letters ;  and  these  are  defective  in 
completeness  and  accuracy  of  statement,  and  in  indices  and  tables 
of  contents.  Neither  can  any  one  who  has  not  travelled  over  this 
precise  ground,  appreciate  the  accuracy  of  every  trivial  detail,  or 
the  self-denying  impartiality  with  which  Mr.  Lincoln  has  turned 
from  the  testimony  of  "  the  fathers,"  on  the  general  question  of 
Slavery,  to  present  the  single  question  which  he  discusses.  From 
the  first  line  to  the  last — from  his  premises  to  his  conclusion,  he 
travels  with  a  swift,  unerring  directness  which  no  logician  ever 
excelled — an  argument  complete  and  full,  without  the  affectation  of 
learning,  and  without  the  stiffness  which  usually  accompanies  dates 
and  details.  A  single,  easy,  simple  sentence  of  plain  Anglo-Saxon 
words  contains  a  chapter  of  history,  that,  in  some  instances,  has 
taken  days  of  labor  to  verify,  and  which  must  have  cost  the  author 
months  of  investigation  to  acquire.  And,  though  the  public 
should  justly  estimate  the  labor  bestowed  on  the  facts  which  are 
stated,  they  cannot  estimate  the  greater  labor  involved  on  those 
which  are  omitted — how  many  pages  have  been  read — how  many 
works  examined — what  numerous  statutes,  resolutions,  speeches, 
letters,  and  biographies  have  been  looked  through.  Commencing 
with  this  address,  as  a  political  pamphlet,  the  reader  will  leave  it 
as  an  historical  work — brief,  complete,  profound,  impartial,  truth- 
ful— which  will  survive  the  time  and  the  occasion  that  called  it 
forth,  and  be  esteemed  hereafter,  no  less  for  its  intrinsic  worth 
than  its  unpretending  modesty. 

New-Yokk,  J&pternber,  1860. 


AD  DEES  S. 


• 


Mr  .President  and  Fellow-Citizens  of  New- York  : — The 
facts  with  which.  I  shall  deal  this  evening  are  mainly  old  and  fa- 
miliar ;  nor  is  there  anything  new  in  the  general  use  I  shall  make 
of  them.  If  there  shall  he  any  novelty,  it  will  be  in  the  mode  of 
presenting  the  facts,  and  the  inferences  and  observations  following 
that  presentation. 

In  his  speech  last  autumn,  at  Columbus,  Ohio,  as  reported  in 
"  The  New- York  Times,"  Senator  Douglas  said  : 

"  Our  fathers,  when  they  framed  the  Government  under  which 
ice  live,  understood  this  question  just  as  well,  and  even  better,  than 
we  do  now." 

I  fully  indorse  this,  and  I  adopt  it  as  a  text  for  this  discourse. 
I  so  adopt  it  because  it  furnishes  a  precise  and  an  agreed  starting 
point  for  a  discussion  between  Eepublicans  and  that  wing  of  the 
Democracy  headed  by  Senator  Douglas.  It  simply  leaves  the 
inquiry :  "  What  was  the  understanding  those  fathers  had  of  the 
question  mentioned?" 

"What  is  the  frame  of  Government  under  which  we  live  ? 

The  answer  must  be  :  "The  Constitution  of  the  United  States." 
That  Constitution  consists  of  the  original,  framed  in  1787,  (and 
under  which  the  present  government  first  went  into  operation,)  and 
twelve  subsequently  framed  amendments,  the  first  ten  of  which 
were  framed  in  1789.  (1) 

Who  were  our  fathers  that  framed  the  Constitution  ?  I  suppose 
the  "thirty-nine"  who  signed  the  original  instrument  may  be  fairly 
called  our  fathers  who  framed  that  part  of  the  present  Govern- 
ment. It  is  almost  exactly  true  to  say  they  framed  it,  and  it  is 
altogether  true  to  say  they  fairly  represented  the  opinion  and 

Note  1. — The  Constitution  is  attested  September  17,  1787.  It  was  ratified  by  all  of 
the  States,  excepting  North  Carolina  and  Rhode  Island,  in  17S8,  and  went  into  operation 
on  the  first  Wednesday  in  January,  1789.  The  first  Congress  proposed,  in  17S9,  ten  ar- 
ticles of  amendments,  all  of  which  were  ratified.  Article  XI.  of  the  amendments  was 
prepared  by  the  Third  Congress,  in  1794,  and  Article  XII.  by  the  Eighth  Congress,  in 
1803.  Another  Article  was  proposed  by  the  Eleventh  Congress,  prohibiting  citizens 
from  receiving  titles  of  nobility,  presents  or  offices,  from  foreign  nations.  Although 
this  has  been  printed  as  one  of  the  amendments,  it  was  in  fact  never  ratified,  being  ap- 
proved by  but  twelve  States.      Vide  Message  of  President  Monroe,  Feb.  4,  ISIS.  ^ 


8 

•  timent  of  the  whole  nation  at  that  time.  Their  names,  being 
familiar  to  nearly  all,  and  accessible  to  quite  all,  need  not  now 
be  repeate 

1  I  ■•  "  thirty-nine  "  for  the  present,  as  being  "  our  fathers 
who  framed  the  Government  under  which  we  live," 

What  is  the  question  which,  according  to  ti   i1  fathers 

understood  "just  as  well,  and  even  better  than  we  do  i  ■■•'.  ?" 

It  ia  this:  Does  the  proper  division  of  local  from  federal 
authority,  or  anything  in  the  Constitution,  forbid  our  Federal 
0      -nmenttoci  slavery  in.  our  Federal  Territoru 

[Jpon  this.  Senator  [>.  -;  holds  the  affirmative,  and  Republi- 
cans the  negative.  This  affirmation  and  denial  form  an  issue; 
and  this  issue — this  question — is  precisely  what  the  texl  declares 
our  fatlu-rs  understood  ''  better  than  v 

Let  us  now  inquire  whether  the  "thirty-nine,"  or  any  of  them, 
ever  acted  upon  this  question;  and  if  they  did,  how  they  acted 
upon  it — how  they  expressed  that  better  understand] 

In  17S4,  three  years  before  the  Constitution — the  JJhited  States 
then  owning  the  Northwestern  Territory,  and  no  other,  (3)  the  Con- 
gress  of  the  Confederation  had  before  them  the  question  of  pro- 
hibiting slavery  in  that  Territory  ;  and  four  of  the  "  thirty-nil)  . 

The  Convention  <  I  of  sixty-Jive  members.     Of  these  ten  did  not  at- 

tcn>l  I    •  Convention,  and  fitte  n  did  not  sign  the  Constitution.     Of  these  Bixteen,  .-ix 
refused  t.<  >  sign,  and  published  their  reaa  so  refusing,  viz.:  Robert  fates  undJuhn 

■  •  \.  w-York;  Edmund  Randolph  and  George  Mason,  of  Virginia;  Luther  Mar- 
tin, of  Maryland,  and  Blbri  Ige  Gerry,  of  Mass.  Alexander  Hamilton  alone  subscribed 
for  New- York,  and  Rhode  Island  was  not  represented  in  the  Convention.  The  names 
of  the  u thirty-nine,"  and  the  States  which  they  represent*  d  ar  lentiy  given. 

Note  S. — The  cession  of  territory  was  authorized  by  New-York,  Feb.  19,  17s";  by 

nnia,  January  2,  1 7^1,  and  again,  (without  certain  conditions  at  first  imposed,  i "  at 

the;:-  gun  on  the  20th  day  of  October,  1788;"  bj  Haas.,  Nov.  13,  1784;  by 

.-..,  May  — ,  1786;  by  S.  Carolina,  March  6,  L7^7  ;  bj  N.  Carolina,  Dee.  — ,  VH 
and  b]  G  ae  time  prior  to  April,  1802. 

Tii.-  deeds  of  cession  were  executed  by  New-York,  March  1,  17*1  ;  by  Virginia, 
March  l,  1784;  by  Mass.,  April  19,  17s-".;  by  Conn.,  Sept  13,  17m'.;  by  S.  Carolina, 
ist  9,  1787;  by  N.  Carolina,  Feb.  25,  1790;  and  by  Georgia,   April  24,  1802. 
these  grants  were  therefore  made  before  the  adoption  of  the  Constitution,  and 
one  afterward ;   while  the  sixtl     '        i  Carolina)  was  authorized  before,  and  consum- 
mated afterward.     The  cession  of  this  itains  the  express  proviso  "that  no 
ttionsinade,  or  to  be  made  by  Congress,  shall  tend  to  emancipate  slaves." 
■  in  nt  Georgia  conveys  the  Territory  subject  to  the  Ordinance  of  's7,  except  the 
: — i » » 1 1  prohibiting  slavery. 
These  dates  are  also  interesting  in  connection  with  the  extraordinary  assertions  of 
Chief  Justice  Taney,  (19  Bow,  pagi    134,)  that  "the  example  "i   Virginia  was  b 

, '  and  tii  a  i  p.  486 1  the  power  in  the  Constitution 

.    i  make  all  needful  rules  and  regulations  respecting  the  Territory  or  other 

prop  onging  to  the  Cnil  i  onlj   "to  transfer  to  the  new 

rnroent  the  property  then  held  in  common, "  "and  ha  be  whatever  to  any 

Territory  "r  other  property,  which  the  new  sovereignty  might  afterwards  itself  acquire." 

On  this  subject,  vUU  Federalist,  Xo.  t::,  sub.  1  an 


who  afterward  framed  the  Constitution,  were  in  that  Congress,  and 
voted  on  that  question.  Of  these,  Roger  Sherman,  Thomas  Mifllin, 
and  Hugh  Williamson  voted  for  the  prohibition, (4)  thus  showing 
that,  in  their  understanding,  no  line  dividing  loeal  from  federal 
authority,  nor  anything  else,  properly  forbade  the  Federal  Gov- 
ernment to  control  as  to  slavery  in  federal  territory.  The  other 
of  the  four — James  M'Henry — voted  against  the  prohibition, 
showing  that,  for  some  cause,  he  thought  it  improper  to  vote  for 
it.  (5) 

In  1787,  still  before  the  Constitution,  but  while  the  Convention 
was  in  session  framing  it,  and  while  the  Northwestern  Territory 
still  was  the  only  territory  owned  by  the  United  States,  the  same 
question  of  prohibiting  slavery  in  the  territory  again  came  before 
the  Congress  of  the  Confederation ;  and  two  more  of  the  "  thirty- 
nine  "  who  afterward  signed  the  Constitution,  were  in  that  Con- 
gress, and  voted  on  the  question.  They  were  William  Blount  and 
William  Few  ;(6)  and  they  both  voted  for  the  prohibition — thus 
showing  that,  in  their  understanding,  no  line  dividing  local  from 
federal  authority,  nor  anything  else,  properly  forbade  the  Federal 
Government  to  control  as  to  slavery  in  federal  territory.  This 
time  the  prohibition  became  a  law,  being  part  of  what  is  now  well 
known  as  the  Ordinance  of '87.(7) 

Note  4. — Sherman  was  from  Connecticut;  Mifflin  from  Penn.;  Williamson  from 
North  Carolina,  and  M'Henry  from  Maryland. 

Note  5. — What  Mr.  M'Henry's  views  were,  it  seems  impossible  to  ascertain.  When 
the  Ordinance  of  '87  was  passed  he  was  sitting  in  the  Convention.  He  was  afterward  ap- 
pointed Secretary  of  War;  yet  no  record  has  thus  far  been  discovered  of  his  opinion. 
Mr.  M'Henry  also  wrote  a  biography  of  La  Fayette,  which,  however,  cannot  be  found 
in  any  of  the  public  libraries,  among  which  may  be  mentioned  the  State  Library  at 
Albany,  and  the  Astor,  Society,  and  Historical  Society  Libraries,  at  New- York. 

Hamilton  says  of  him,  in  a  letter  to  Washington,  (  Works,  vol.  6,  p.  65):  "  M'Henry 
you  know.  He  would  give  no  strength  to  the  Administration,  but  he  would  not  dis- 
grace the  office  ;  his  views  are  good." 

Note  6. — William  Blount  was  from  North  Carolina,  and  William  Few,  from  Geor- 
gia— the  two  States  which  afterward  ceded  their  territory  to  the  United  States.  In  ad- 
dition to  these  facts  the  following  extract  from  the  speech  of  Rufus  King  in  the  Senate, 
on  the  Missouri  Bill,  shows  the  entire  unanimity  with  which  the  Southern  States  approved 
the  prohibition : — 

"  The  State  of  Virginia,  which  ceded  to  the  United  States  her  claims  to  this  Territory, 
consented,  by  her  delegates  in  the  old  Congress,  to  this  Ordinance.  Not  only  Virginia, 
but  North  Carolina,  South  Carolina  and  Georgia,  by  the  unanimous  votes  of  their  dele- 
gates in  the  Old  Congress,  approved  of  the  Ordinance  of  1787,  by  which  Slavery  is 
forever  abolished  in  the  Territory  northwest  of  the  river  Ohio.  Without  the  votes  of 
these  States  the  Ordinance  could  not  have  been  passed ;  and  there  is  no  recollection  of 
an  opposition  from  any  of  these  States  to  the  act  of  contirmation  passed  under  the 
actual  Constitution." 

Note  7. — "The  famous  ordinance  of  Congress  of  the  13th  July,  1787,  which  has 
ever  since  constituted,  in  most  respects,  the  model  of  all  our  territorial  governments, 
and  is  equally  remarkable  for  the  brevity  and  exactness  of  its  text,  and  for  its  masterly 


E 

The  question  of  federal  control  of  slavery  in  ritorie$,  seems 

not  to  liu\  ution  which  framed 

a ;  and  hence  it  is  not  n rded  that  this  "thirty* 

iih.  them,  while  engaged  on  that  instrument,  ex] 

anv  Opinion  6n  that  precise  question.  (8) 

if  the  fundamental  principles  of  civil  and  religious  liberty." — Justice  Btoryt  1 
.  §1812. 
•■  [|  js  well  known  th.it  the  0  iwn  by  the  Hon.  Nathan  Dune, 

,  :m  1  adopted  with  lyaverbal  alteration  by  •  It  is  a 

Dobleand  imperishable  monument  to  bis  fame." — /•/.  note. 

iQrted  by  a  committee,  of  which  Wm.  S.  Johnson  and  Charles 
•■  were  in.  !    :         i  til  a,  ••  for  i  *the  fund  I  principles  of 

civil  and  religious  liberty,  which  i  basis  whereon  th  iblics,  their  laws 

tthd  constitutions,  are  erected ;  to  fix  and  establish  those  principles  as  the  basis  ofaVl 
ttionsand  governments  which  forever  hereafter  shall  be  formed  in  the  said 
Territory;  to  provide  also  for  the  establishment  of  States  and  permanent  government, 
and  for  their  ado  laral  councils,  on  an  equal  footing  with  the, 

original  States,  at  as  early  perio  int  with  the  general  interest — 

"It  is  1  I  and  declared,  by  the  authority  aforesaid,  that  the  following 

articles shall bo censidered-as articles of  compact between  the  original  States  and  the 
people  and  States  in  the  said  Territory,  and  forever  remain  unalterable;  unless  by  com- 
mon consent,  to  wit:" 
"Art.  6.  There  shall  be  neither  luntary  servitude  in  the  said  Terri- 

.  otherwise  than  in  the  punishment  of  crimes  whereof  the  party  shall  have  b 
duly  convicted;  provided  al ways  that  any  person  escaping  into  the  same,  from  whom 
labor  or  -  -  lawfully  claimed  in  any  one  of  the  original  States,  Buch  fugitive  may 

be  lawfully  reclaimed,  an  1  conveyed  to  the  person  claiming  o-8  or  her  labor  or  service." 
i  passing  the  ordinance,  the  ayes'  and  nays  were  required  by  Judge  Yates,  uf  New- 
Fork,  when  it  appeared  tli'it  his  was  the  only  vote  in  t/u  -< 

The  ordinance  of  April  2  '••  was  a.briof  outline  of  that  of  '87.     It  was  reported 

by  a  Committee,  of  which  Mr.  Jefferson  was  chairman,  and  the  report  contained  a 
.  i-y  prohibition  intended  to  take  effect  iu  1800.  This  was  stricken  out  of  the  report, 
~iates  voting  t'i  r  tain  it — three  voting  to  Btrike  out — one  being  divided  ( \.  C.,) 
and  the  others  not  being  represented  (The  assent  of  nine  States  wa.s  necessary  to  re- 
tain any  •  in.)  And  t!  i  vote  alluded  to  by  Mr.  Lincoln.  But  sul 
quently,  March  16,  17s'>,  amotion  was  made  byRufus  King  to  commit  a  proposition 
"that  there  be  neither  slavery  nor  involuntary  servitude"  In  any  of  the  -Territories ; 
which  was  carried  by  the  vote  of  eight  States,  including  Maryland. — Journal  Am.  Con- 
gress, vol.  4,  pp.  873,  880,  481,  7- 

When,  then  •  ordinance  of  'Si  came  before  Congress,  on  its  final  passage,  the 

ubition  ha  1  b  '"'  for  nearly  three  years  ;  and  the  de- 

liberate and  almost  unanimous  vote  of  tint  body  upon  that  question  leaves  no  room  to 
doubt  what  the  fathers  believed,  and  how,  in  that  belief,  they  acted. 

Nor  S. — It  singularly  and  fortunately  happens  that  one  of  the  "thirty-nine,''  "while 

.  on  that  instrument,"  \iz.,  while  advocating  its  ratification  before  the  Pennsylva- 

onvention,  did  express  an  opinion  u]  testion,"  which  opinion  was 

tr  disputed  or  i  mention,  and  was  accepted  by  the 

•    ostitution,  as  an  indisputable  fact,     I  irated  Ja 

•Ivania.     The  opinion  is  as  follows :  — 

Mo.m.av,  Dec.  3,  IT 
"Witl.  respect  to  the  ibiting  the  migration  or 

ill  think  proper  to  ad- 
mit, prior  to  I  :     The  Hon.  gentleman  Bays  that  this  clause  is  not  only  d  i 
but  intend                     ■■  for  that  ti  >  admit  the  importation  of 
thing  was  int  done,  and  it  gives 
isnre  that  so  much  was  don                                              ration,  tb    - 

.it  the  im;  ■;  but  by  this  article,  after  the  j 

11  have  power  to  p  ition,  notwithstanding 

disposition  ol  I  con  le  foundation  for 

bail.  tvery  out  of  this  country  ;  and  though  the  -more  distant  than  I  could 

wUh,  yet  it  will  produci  inge  which  was  pursued  in  Pennsylvania. 


In  1789,  by  the  first  Congress  which  sat  under  the  Constitution, 
an  act  was  passed  to  enforce  the  Ordinance  of  '87,  including  the 
prohibition  of  slavery  in  the  Northwestern  Territory.  The  bill  for 
this  act  was  reported  by  one  of  the  "thirty-nine,"  Thomas  Fitz- 
simmons,  then  a  member  of  the  House  of  "Representatives  from 
Pennsylvania.  It  went  through  all  its  stages  without  a  word  of 
opposition,  and  finally  passed  both  branches  without  yeas  and 
nays,  which  is  equivalent  to  an  unanimous  passage.  (9)  In  this  Con- 
gress there  were  sixteen  of  the  thirty-nine  fathers  who  framed 
the  original  Constitution.  They  were  John  Langdon,  Nicholas 
Gilman,  ATm.  S.  Johnson,  Roger  Sherman,  Eobert  Morris,  Thos. 

It  is  with  much  satisfaction  that  I  view  this  power  in  the  general  government,  whereby 
they  may  lay  an  interdiction  on  this  reproachful  trade.  But  an  immediate  advantage  is 
also  obtained  ;  for  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceeding 
$10  for  each  person;  and  this,  sir,  operates  as  a  partial  prohibition;  it  was  all  that  could 
be  obtained.  I  am  sorry  it  was  no  more ;  but  from  this  I  think  there  is  reason  to  hope 
that  yet  a  few  years,  and  it  will  be  prohibited  altogether.  And  in  the  meantime,  the 
new  States  which  are  to  be  formed  will  be  under  the  control  of  Congress  in  this  particu- 
lar, and  slaves  will  never  be  introduced  amongst  them." — 2  Elliott's  Debates,  423. 

It  was  argued  by  Patrick  Henry  in  the  Convention  in  Virginia,  as  follows : 

"  May  not  Congress  enact  that  every  black  man  must  fight?  Did  we  not  see  a  little 
of  this  in  the  last  war?  We  were  not  so  hard  pushed  as  to  make  emancipation  general. 
But  acts  of  Assembly  passed,  that  every  slave  who  would  go  to  the  army  should  be  free. 
Another  thing  will  contribute  to  bring  this  event  about.  Slavery  is  detested.  We  feel 
its  fatal  effects.  We  deplore  it  with  all  the  pity  of  humanity.  Let  all  these  considera- 
tions press  with  full  force  on  the  minds  of  Congress.  Let  that  urbanity  which,  I  trust, 
will  distinguish  America,  and  the  necessity  of  national  defence — let  all  these  things 
operate  on  their  minds,  they  will  search  that  paper,  and  see  if  they  have  power  of  man- 
nmission.  And  have  they  not,  sir  ?  Have  they  not  power  to  provide  for  the  general 
defence  and  welfare  ?  May  they  not  think  that  these  call  for  the  abolition  of  slavery? 
May  they  not  pronounce  all  slaves  free,  and  will  they  not  be  warranted  by  that  power  ? 
There  is  no  ambiguous  implication,  no  logical  deduction.  The  paper  speaks  to  the 
point ;  they  have  the  power  in  clear,  unequivocal  terms,  and  will  clearly  and  certainly 
exercise  it." — 3  Elliot?  s  Debates,  534. 

Edmund  Randolph,  one  of  the  framers  of  the  Constitution,  replied  to  Mr.  nenry,  ad- 
mitting the  general  force  of  the  argument,  but  claiming  that,  because  of  other  provisions, 
it  had  no  application  to  the  States  where  slavery  then  existed ;  thus  conceding  that 
power  to  exist  in  Congress  as  to  all  territory  belonging  to  the  United  States. 

Dr.  Ramsay,  a  member  of  the  Convention  of  South  Carolina,  in  his  history  of 
the  United  States,  vol.  3,  pages  36,  37,  says:  "  Under  these  liberal  principles,  Congress, 
in  organizing  colonies,  bound  themselves  to  impart  to  their  inhabitants  all  the  privileges 
of  coequal  States,  as  soon  as  they  were  capable  of  enjoying  them.  In  their  infancy, 
government  was  administered  for  them  without  any  expense.  As  soon  as  they  should 
have  60,000  inhabitants,  they  were  authorized  to  call  a  convention,  and,  by  common 
consent,  to  form  their  own  constitution.  This  being  done,  they  were  entitled  to  repre- 
sentation in  Congress,  and  every  right  attached  to  the  original  States.  These  privileges 
are  not  confined  to  any  particular  country  or  complexion.  They  are  communicable  to 
the  emancipated  slave,  (for  in  the  new  State  of  Ohio,  slavery  is  altogether  prohibited),  to 
the  copper-colored  native,  and  all  other  human  beings  who,  after  a  competent  residence 
and  degree  of  civilization,  are  capable  of  enjoying  the  blessings  of  regular  government." 

Note  9. — The  Act  of  IT 89,  as  reported  by  the  Committee,  was  received  and  read 
Thursday,  July  16th.  The  second  reading  was  on  Friday,  the  17th,  when  it  was  com- 
mitted to  the  Committee  of  the  whole  house,  "  on  Monday  next."  On  Monday,  July 
20th,  it  was  considered  in  Committee  of  the  whole,  and  ordered  to  a  third  reading  on  the 
following  day  ;  on  the  21st,  it  passed  the  House,  and  was  sent  to  the  Senate.  In  the 
Senate  it  had  its  first  reading  on  the  same  day,  and  was  ordered  to  a  second  reading  on 
the  following  day,  (July  22d,)  and  on  the  4th  August  it  passed,  and  on  the  7th  was 
approved  by  the  President. 


ro 

I    •      •    •,.     ,    William    Few.    Abraham    Baldwin,    Rufus    King, 

William  Patereon,  G<  I  r,  Iti<-h:u-.  1  Baisett,<3 ge  Read, 

Butler,  Daniel  ( Jarroll,  James  Madison. (10) 
bows  that,  in  their  understanding,  no  line  dividing  lo 
l'n.m  federal  authority,  nor  anything  in  the  Constitution,  properly 
1 1         ess  to  prohibit  slavery  in  the  federal  territory:  else 
th  their  fidelity  to  correct  principle*  and  their  oath  to  support 
the  i         :tuti<m,  would  have  constrained  them  to  oppose  the  pro- 
hibition, 

.  i;     •      •  \V.  diington,   another  of  the  u thirty-nine,''  was 
then  President  of  the  United  States,  and,  L  approved  and 

oed  the  bill  J  thus  coin.  5    its    validity  as  a  law,    and   thus 

showing  that,  in  his  understanding,  nd  line  dividing  local  from 

leral  authority,  nor  anything   in   the  Constitution,   forbade  the 
leral  Government,  to  control  as  to  slavery  in  federal  territory. 

N  1  great  while  alter  the  adoption  of  the  original  Constitution, 
N  ■-  .  Carolina  ceded  to  the  Federal  Government  the  country  now 
constituting  th.  •  State  of  T  ;  and  a  J         ars  later  Georgia 

Led  that  which  now  constitutes  the  States  of  Mississippi  and 
Alabama  Da  both  deeds  of  cession  it  was  made  a  condition  by 
the  ceding  States  that  the  Federal  Government  should  not  pro- 
hibit slavery  in  the  ceded  country.  (11)  Besides  this,  slavery  .. 
then  actually  in  the  ceded  country.  L'nder  these  circumstances, 
I  wn  taking  charge  of  these  countries,  did  not  absolutely 

I  rohil  it  slavery  within  them.  But  they  did  interfere  with  it — 
take  control  of  it — even  there,  to  a  certain  extent  In  1793,  Con- 
gress organized  the  Territory  of  Mississippi     In  the  act  of  organ. 

i,  they  prohibited  the  bringing  of  slaves  into  the  Territory,  i'rom 
any  place  without  the  United  -.  by  fine,  and  giving  freedom 

to  slaves  so  brought.  (12)  This  act  passed  both  branches  of  Congr 
without  yeas  and    nays.     In    that    Con  were    three   of  the 

"thirty-nine"  who  framed  the  original  Constitution,  They  were 
Johi   !.        :   0,-G  Read  and  Abraham  Baldwin.  (13)    They  all, 

;  in. — The  "  '  ted  tl  [don  and  Gilman,  New 

Hampshire;  Sherman  and  Johnson,   Connecticut;    Morris,  Fitzsimmons  and  Clymer, 

P     osylvania;  King,  Massa  ion,  New  Jeisey;  Few  and  Baldwin,  Georgia; 

an  i  Read,  D<  laware  ;  Butler,  Booth  Carolina;  Carroll,  Maryland ;  and  Madison, 

inia. 

I  11 —  V  3,  ante. 

(fan  l-.—'  ,  ?'  7,  L'.  S.  Statutes,  6th  Congress,  2d  s.— ion. 

Now  18. — Langdon  was  from  New  Hampshire,  Read  from  Delaware,  and  Baldwin 
from  (ioorgia. 


11 

probablv,  voted  for  it.  Certainly  they  would  have  placed  their 
opposition  to  it  upon  record,  if,  in  their  understanding,  any  line 
dividing  local  from  federal  authority,  or  anything  in  the  Constitu- 
tion, properly  forbade  the  Federal  Government  to  control  as  to 
slavery  in  federal  territory. 

In  1803,  the  Federal  Government  purchased  the  Louisiana 
country.  Our  former  territorial  acquisitions  came  from  certain  of 
our  own  States  ;  but  this  Louisiana  country  was  acquired  from  a 
foreign  nation.  In  1804,  Congress  gave  a  territorial  organization 
to  that  part  of  it  which  now  constitutes  the  State  of  Louisiana. 
New  Orleans,  lying  within  that  part,  was  an  old  and  comparatively 
lartre  citv.  There  were  other  considerable  towns  and  settlements, 
and  slavery  was  extensively  and  thoroughly  intermingled  with  the 
people.  Congress  did  not,  in  the  Territorial  Act,  prohibit  slavery ; 
but  they  did  interfere  with  it — take  control  of  it — in  a  more 
marked  and  extensive  way  than  they  did  in  the  case  of  Mis- 
sissippi. The  substance  of  the  provision  therein  made,  in  relation 
to  slaves,  was : 

First.  That  no  slave  should  be  imported  into  the  territory  from 
foreign  parts. 

Second.  That  no  slave  should  be  carried  into  it  who  had  been 
imported  into  the  United  States  since  the  first  da}>-  of  May,  1798. 

Third.  That  no  slave  should  be  carried  into  it,  except  by  the 
owner,  and  for  his  own  use  as  a  settler ;  the  penalty  in  all  the 
cases  being  a  fine  upon  the  violator  of  the  law,  and  freedom  to 
the  slave.  (14) 

This  act  also  was  passed  without  yeas  and  nays.  In  the  Con- 
gress which  passed  it,  there  were  two  of  the  "  thirty-nine."  They 
were  Abraham  Baldwin  and  Jonathan  Dayton.  (15)  As  stated  in  the 
case  of  Mississippi,  it  is  probable  they  both  voted  for  it.  They 
would  not  have  allowed  it  to  pass  without  recording  their  opposi- 
tion to  it,  if,  in  their  understanding,  it  violated  either  the  line 
properly  dividing  local  from  federal  authority,  or  any  provision  of 
the  Constitution. 

In  1819-2(),  came  and  passed  the  Missouri  question.  Many 
votes  were  taken,  by  yeas  and  nays,  in  both  branches  of  Congress, 
upon  the  various  phases  of  the  general  question.     Two  of  the 

Note  14. — Chap.  38,  §  10,  TJ.  S.  Statutes,  8th  Congress,  1st  Session. 
Note  15. — Baldwin  was  from  Georgia,  and  Dayton  from  New  Jersey. 


12 

"  thirtv-nine "' — Rafhfl  King  and  Charles  Pinckney — ^ere  mem- 
rs  of  that  i  5.(16)    Mr.  Bang  steadily  voted  forslavoy  pro- 

hibition and   against  all  oompromises,  while  Mr.  Pinckney  i 
steadily  voted  against  .   prohibition  and  against  all  com- 

promises.    1*. v  this,  Mr.  King  showed  that,  in  his  understanding, 
no  line  dividi  al  from  federal  authority,  nor  anything  in  the 

Constitution,  was   violated  by  Con  prohibiting  slavery  in 

fedi  rritory;  while  Mr.  Pinokney  t  by  his  votes,  showed  that, 

in  his  understanding,  th  .  TK-ient  reason  for  opposing 

b  prohibition  in  that  case.  (17) 

1  have  mentioned  are  the  only  acts  of  the  ll  thirty- 
nine,"  or  of  any  of  them,  upon  the  direct  issue,  "which   I  have 
en  able  to  discover. 

To  enumerate  the  persons  who  thus  acted,  as  being  four  in  1784, 
two  in  1787,  seventeen  in  1789,  three  in  179S,  two  in  In'M.  and 

Koti   16. — Rufas  King,  who  sat  in  the  old  Congress,  and  also  in  the  Convention,  as 
the  representative  of  Massachusetts,  removed  to  New-York  and  was  sent  by  that  State 
to  the  U.  S.  Senate  of  the  lirst  Congress.  Charles  Pinckney  was  in  the  House,  as  a  repre- 
tative  of  South  Carolina. 

.  17. — Although  Mr.  Tinckney  opposed  "slavery  prohibition-'  in  1820,  yet  his 
views,  with  regard  to  the  pouera  of  the  general  government,  may  be  better  judged  by  his 
actions  in  the  Convention: 

1  ;.;i'.iy,  June  Bth,  1*161. — "Mr.  Pinckney  moved  'that  the  National  Legislature 
shall  have  the  power  of  negativing  all  laws  to  be  passed  by  the  State  Legislatures,  which 
they  may  judge  improper,    in  the  room  of  the  clause  as  it  stood  p  ported. 

••  Be  grounds  his  motion  on  the  necessity  of  one  supreme  controlling  power,  and  he 
iders  this   as  the  corner-stone  of  the  pre-,  nt  system;  and  hence,  the  necessity  of 
retrenchi  State   authorities,  in  order  to  preserve  the  good  government  of  the 

national  council." — P.  400,  Elliott's  Debates. 

And  again,  Tin  km. av,  AnguM  --</,  17t>7,  Mr.  Pinckney  renewed  the  motion  with 
some  modifications. — P.   1409,  Afadiso/i  Papers. 

And  although  Mr.   Pinckney,  as  correctly  stated  by  Mr.  Lincoln,  "  steadily  voted 
ry  prohibition,  and  against  all  compromises,"  he  .-till  regarded  the  passage 
of  the  Missouri  Compromise  as  a  great  triumph  of  the  South,  much  is  apparent  from 
the  following  letter. 

Congress  Hall,  March  2d,  1820,  3  o'clock  at  night. 
. : — I  hasten  to  inform  you,  that  this  moment  WJI  hive  carried  the  qn- 
.  Imit  Missouri,  and  all  Louisiana  to  the  southward  of  86Q  30',  free  from  the  restric- 
tion of  slavery,  and  give  the  South,  in  a  short  time,  an  addition  of  six,  perhaps  eight, 
in..-:  •  the  Senate  of  the  UnitedStates.     It  is  considered  here  by  the  slaveholding 

-  a  great  triumph 
Ihe  ■  —ninety  to  eighty-six — produced  by  the  see.  ding  and  absence 

.  :'.  \\  moderate  men  from  the  North.     To  the  north  of  86°  80',  there  is  to  be,  by  the 
nt  law.  restriction  ;  which  you  will  see  by  the  f&U  -.  1  voted  against.     But  it  is  at 
oment;  it  i-  a  vast  tract,  uninhabited,  only  by  savages  and  wild  bea 

in  which  not  a  foot  of  the  Indian  claims  to  soil  is  extinguished,  and  in  which,  according 
to  tl.  revalent,  no  land  office  will  be  open..]  for  a,  g  reat  length  of  time. 

With  :  ■  lUT  obedient  Servant, 

CIIAK1.I1S   riMKNEY. 

But  ••  of  Mr.  Pin  :  irnished  in  the  fact,  that  At-  was 

.••If  a  a.  f  the  Committee  which  reported  the  Ordinance  0/^*87,  and  that  en 

■  •(,   V hen  itwu  under  the  coniidei  f  Congrci  d against  all 

-Jour.  Am.  Com  29th,  1786.      0ct\4tk.     When  the  ordinance 

came  up  for  its  linul  |  Sir.  Pinckney  wa.«  sitting  in  the  Convention,  and  did  not 

take  part  in  the  pwx  '    >ngress. 


13 

two  in  1819-20 — there  would  be  thirty  of  them.  But  this  would 
be  counting  John  Langdon,  Roger  Sherman,  William  Few,  Rufus 
King,  and  George  Read,  each  twice,  and  Abraham  Baldwin,  three 
times.  The  true  number  of  those  of  the  "thirty-nine''  whom  I 
have  shown  to  have  acted  upon  the  question,  which,  by  the  text, 
they  understood  bettor  than  we,  is  twenty-three,  leaving  sixteen 
not  shown  to  have  acted  upon  it  in  any  way.  (18) 

Ilerc,  then,  we  have  twenty-three  out  of  our  thirty-nine  fathers 
"  who  framed  the  Government  under  which  we  live,"  who  have, 
upon  their  official  responsibility  and  their  corporal  oaths,  acted 
upon  the  very  question  which  the  text  affirms  they  -'  understood 
just  as  well,  and  even  better  than  we  do  now;"  and  twenty-one 
of  them — a  clear  majority  of  the  whole  "thirty-nine" — so  acting 
upon  it  as  to  make  them  guilty  of  gross  political  impropriety  and 
wilful  perjury,  if,  in  their  understanding,  any  proper  division  • 
between  local  and  federal  authority,  or  anything  in  the  Constitu- 
tion they  had  made  themselves,  and  sworn  to  support,  forbade  the 
Federal  Government  to  control  as  to  slavery  in  the  federal  terri- 
tories. Thus  the  twenty-one  acted  ;  and,  as  actions  speak  louder 
than  words,  so  actions,  under  such  responsibility,  speak  still  louder. 

Two  of  the  twent}T- three  voted  against  Congressional  prohibition 
of  slavery  in  the  federal  territories,  in  the  instances  in  which  they 
acted  upon  the  question.  But  for  what  reasons  they  so  voted  is 
not  known.  They  may  have  done  so  because  they  thought  a 
proper  division  of  local  from  federal  authority,  or  some  provision 
or  principle  of  the  Constitution,  stood  in  the  way ;  or  they  may, 
without  any  such  question,  have  voted  against  the  prohibition,  on 
what  appeared  to  them  to  be  sufficient  grounds  of  expediency. 
No  one  who  has  sworn  to  support  the  Constitution,  can  conscien- 
tiously vote  for  what  he  understands  to  be  an  unconstitutional 
measure,  however  expedient  he  may  think  it ;  but  one  may  and 
ought  to  vote  against  a  measure  which  he  deems  constitutional,  if, 
at  the  same  time,  he  deems  it  inexpedient.  It,  therefore,  would  be 
unsafe  to  set  down  even  the  two  who  voted  against  the  prohibition, 
as  having  done  so  because,  in  their  understanding,  any  proper  di- 
vision of  local  from  federal  authority,  or  anything  in  the  Constitu- 

Note  18. — By  reference  to  notes  4,  6,  10,  13,  15  and  16,  it  will  be  seen  that,  of  the 
twenty-three  who  acted  upon  the  question  of  prohibition,  twelve  were  from  the  present 
Blaveholding  States. 


H 

don,  forbade  the  Federal  Gtorermnent  to  control  aa  to  slavery  in 
federal  territory.  (1 

The  remainin  •  »« thirty-cine, ?  bo  far  as  1  have 

di  i.  have  left  do  record  of  their  understanding  upon  the 

direct  question  of  federal  i  I  of  slavery  in  the  federal  territo- 

ries.    B  b  there  is  much  n  to  believe  that  their  understanding 

upon  that  question  would  not  have  appeared  different  from  thai 
th        ■.  .-nty-tlinv  eon  bad  it  been  manifeeted  at  alL(20) 

For  the  purpose   of  adhering  rigidly  to  the  text*  1  have  pur- 
posely omitted  whatever  understanding  may  have  been  manifei 
by  any  person,  however  distinguished,  other  than  the  thirty-nine 

bers  who  framed  the  original  Constitution;  and,  for  the  same 
reason,  L  bave  also  omitted  whatever  understanding  mav  have  been 
inanifested  by  any  of  the  "thirty-nil  on  any  other  phase 

■°i'  I  neraJ  question  of  slavery.     If  we  should  look  into  their 

apts  and  declarations  on  those  other  phases,  aa  the  foreign  slave 
trade,  and  the  morality  and  policy  of  slavery  generally,  it  would 
appear  to  us  that  on  the  direct  question  of  federal  control  of 
slavery  in  federal  territories,  the  sixteen,  if  they  had  act,  d  at  all, 
would  probably  have  acted  just  as  the  twenty-three  did.  Among 
that  sixteen  were  several  of  the  most  noted  anti-slavery  men  of 

those  times — as  Dr.  Franklin,  Alexander  Hamilton  and  GrOUVer- 
ueur  Morris — while  there  was  not  one  now  known  to  have  been 
otherwise,  unless  it  may  be  John  Rutledge,  of  South  Carolina.(2l) 

n  19. —  Vide  DOtefl  b  and  17,  ante 

.V.. it.  20. — "The    remaining   sixteen"  were  Nathaniel  Gorham,  Mass.;  Alex.  Ilam- 
iltoi  fork;    WHIiam    Livingston   and   David   Brearly,  New  Jersey;   Benjamin 

Franklin,  Jared  Engenoll,  Jamee  Wilson  and  Gouverneur  Morris,   Penn.;   Gunni 
son  and  Jacob  Broom.  Delaware;  Danii  I,  of  St  Thomas,  Jen  I 
land;  John  Blair,  Virginia;  Richard  i  right,  North  Carolina;  and  John 

Rutledge  and  Charles  Cotesworth  Pinckney,  South  Carolina, 

Noil  21. — "  The  only  distinction  between  freedom  and  slavery  consists  in  this:  in  the 
former  -  rned  by  the  laws  to  which  he  has  given  his  consent,  either  in 

on  or  by  his  i  ;tiw  ;  in  the  hater,  he  is  governed  by  the  will  of  another.    In 

the  i  his  life  and  property  arc  his  own;  in  the  other,  they   depend  upon  the 

pleasure  of  a  master.  Ltiseasy  to  discern  which  of,  the  two  states  is  preferable.  No 
man  in  hi  hesitate  in  choosing  to  be  free  rather  than  slave   *     *     *     * 

•  ••••    i      R  the  disad  of  slavery  too  obvious  to  stand  in 

of  it,  I  might  enumerate  and  describe  the  I  in  of  fftl»miti<m   insepara 

it     I  might  -how  that  it  is  fatal  to  religion  and  morality;  that  it  tends  to  del 
mind,  and  corrupt  its  noblest  springs  of  action.     I  might  show  that  it  relaxes  the 
f  industry  and  clips  the  wings  of  commerce,  and  works  miser]    and   indigence 
in  every  ihape." — Hamilton,   Work*,   vol.  2.,  pp.  3,  '.'. 

"That  von  will  be  |  luntenancc  the  restoration  of  liberty  to  those  un- 

happj  m.  n,  who  al  >ne  in  this  land  ol  freedom,  ai  •   perpetoal   bondage, 

.  ;i  joj  of  surround  i  n,  are  groaning  in  servile  Bubjec- 

.  that  you  will  devise  means  for  removing  this  inoonsistencj    from  the  character  of 

people;  that  yon  will  promote  mercy  mid  justice  toward  this  distressed 


15 

The  sum  of  the  whole  is,  that  of  our  thirty-nine  fathers  who 
framed  the  original  Constitution,  twentY-one — a  clear  majority  ol 
the  whole — certainly  understood  that  no  proper  division  of  local 
from  federal  authority,  nor  any  part  of  the  Constitution,  forbade 
the  Ke<  leral  Government  to  control  slavery  in  the  federal  terri  tori 
while  all  the  rest  probably  had  the  same  understanding.  Such,  un- 
questionably, was  the  understanding  of  our  lathers  who  framed  the 
original  Constitution ;  and  the  text  afhrnis  that  they  understood 
the  question  "better  than  we." 

But,  so  far,  I  have  been  considering  the  understanding  of  the 
question  manifested  by  the  framers  of  the  original  Constitution. 
In  and  by  the  original  instrument,  a  mode  was  jn'ovided  for 
amending  it;  and,  as  I  have  already  stated,  the  present  frame  of 
"  the  Government  under  which  we  live  "  consists  of  that  original, 
and  twelve  amendatory  articles  framed  and  adopted  since.  Those 
who  now  insist  that  federal  control  of  slavery  in  federal  territories 
violates  the  Constitution,  point  us  to  the  provisions  which  they 
suppose  it  thus  violates  ;  and,  as  I  understand,  they  all  fix  upon 
provisions  in  these  amendatory  articles,  and  not  in  the  original 
instrument.  The  Supreme  Court,  in  the  Dred  Scott  case,  plant 
themselves  upon  the  fifth  amendment,  which  provides  that  no 
person  shall  be  deprived  of  "life,  liberty  or  property  without  due 
process  of  law ;"  while  Senator  Douglas  and  his  peculiar  adherents 
plant  themselves  upon  the  tenth  amendment,  providing  that  "  the 
powers  not  delegated  to  the  United  States  by  the  Constitution," 
"  are  reserved  to  the  States  respectively,  or  to  the  people."  (22) 

race ;  and  that  you  will  step  to  the  very  verge  of  the  power  vested  in  you  for  discou- 
raging every  species  of  traffic  in  the  persons  of  our  fellow-men." — Philadelphia,  Feb. 
3d,  1790.     Franklin's  Petition  to  Congress  for  the  Abolition  of  Slavery. 

Mr.  Gouverneur  Morris  said: — "He  never  would  concur  in  upholding  domestic 
slavery.  It  was  a  nefarious  institution.  It  was  the  curse  of  heaven  on  the  States  where 
it  prevailed.  *  *  *  The  admission  of  slavery  into  the  representation,  when  fairly 
explained,  comes  to  this — that  the  inhabitant  of  South  Carolina  or  Georgia,  who  goes 
to  the  coast  of  Africa,  and,  in  defiance  of  the  most  sacred  laws  of  humanity ,  tears  away 
his  fellow-creatures  from  their  dearest  connections,  and  damns  them  to  the  most  cruel 
bondage,  shall  have  more  votes,  in  a  government  instituted  for  the  protection  of  the 
rights  of  mankind,  than  the  citizen  of  Pennsylvania  or  Xew  Jersey,  who  views,  with  a 
laudable  horror,  so  nefarious  a  practice.  *******  jje  would  sooner 
submit  himself  to  a  tax  for  paying  for  all  the  negroes  in  the  United  States  than  saddle 
posterity  with  such  a  constitution." — Debate  cm  Slave  Representation  in  the.  Conven- 
tion.— Madison  Papers. 

Note  22. — An  eminent  jurist  (Chancellor  Walworth)  has  said  that  "The  preamble 
which  was  prefixed  to  these  amendments,  as  adopted  by  Congress,  is  important  to  show  in 
what  light  that  body  considered  them."  (8  Wend.  P.,  p.  100.)  It  declares  that  a  number 
of  the  State  Conventions  "having  at  the  time  of  their  adopting  the  Constitution  expressed 
.a  desire,  in  order  to  prevent  misconstruction  or  abuse  of  its  powers,  that  further  de- 
claratory and  restrictive  clauses  should  be  added,"  resolved,  &c. 


\>; 

Now,  it  so  happens  that  these  an  mts  wore  framed  by  the 

first  0  9  which  sat  under  the  Constitution — the  identical 

C  which  passed  the         already  mentioned,  enforcing  the 

prohibition  of  sli  in  the  North.'.  [Territory.     Not  only 

was  it  the  same  I  but  they  were  thi  tical,  same  indi- 

vitlual  men  who,  ;it  the  sac  ad  at  the  .-amr  time  within 

,  had  under  consideration,  ami  in  pi  toward  ma- 

turity, these  Constitutional  amendments,  and  this  art  prohibiting 

.   in  all  the  territory  the  nation  then  L      The   Consti- 

tutional a:  te  ..'■:■'•  introduced  before,  ami  passed  alter  the 

act  enfon  0   nuance  of  '87;  so  that,  during  the  whole 

the  aet  to  enforce  the  Ordinance,  the  Constitutional 
amendmeni  pending.  (23) 

The  seventy-six  members  of  that  Congress,  including  sixteen 
of  the  trainers  of  the  original  Constitution,  as  bei  ted,  were 

pre-eminently  our  fathers  who'framed  that  part  of  "the  Govern- 
•it  under  which  we  live,  which  is  now  claimed  as  forbidding 
the  Federal  G<  >vemment  to  control  slavery  in  the  federal  territories. 
Is  it  not  a  little  presumptuous  in  any  one  at  this  day  to  affirm 
that  the  two  things  which  that  Congress  deliberately  framed,  and 
ear  maturity  at  the  same  time,  are  absolutely  inconsistent 

with  each  other?     And  does  not  such  affirmation  become  impu- 
3urd  when  coupled  with  the  other  affirmation  from  the 
:ie  mouth,  that  those  who  did  the  two  things,  alleged  to  be  in- 
tent, understood  whether  they  really  were  inconsistent  better 
than  we — I     I   r  than  lie  who  affirms  that  they  are  inconsistent? 

It  is  surely  safe  to  assume  that  the  thirty-nine   l'ramers  of  the 
original  Constitution,  and  the  seventy-six  members  of  the  Congr.    - 

unable  is  in  BabBtance  the  preamble  affixed  to  the  "  Conciliatory  Resolutions^ 
of  Id  .  which  were  drawn  by  Chief  Justice  Parsons,  ami  offered  in   the  Con- 

i 'V  John  Hancock.     {Life  CK.  J.  Partont,<p.  67.)     They  were 
ted  with  some  additions  by  New  Hampshire. 
The  fifth  aim-ndim-nt,  on  which  the  Supreme  Court  relies,  is  taken  almost  literally  from 
the  declaration  of  rights  put  forth  by  the  convention  of  New-York,  and  the  clause  re- 
fern  d  to  forms  the  ninth  paragraph  of  the  declaration.    The  truth  amendment,  on  which 
itor  Douglas  relii  i-n  from  the  Conciliator;  Resolutions)  and  is  tho  first  of 

-olutions  somewhat  modified.    Thus,  these  tn  0  amendmenta  sought  to  be  used  for 
originated  in  the  two  great  anti-slavery  Btatea,  rfen  York  and  Massachusetts. 

N'oie    23. — The  amendments   were  proposed  DT  Mr.  Madison  in  the  House  of  Repre- 
sent.  ine8,  1789.    The;  were  adopted  by  the  House,  August  2+,  and  some  further 
.i  to  have  been  transmitted  by  the  E  September  9.    The  printed 
journals  of  ti               do  not  state  the  time  of  the  final  passage,  and  the  meesagatjanamit- 
them  to  ti..>  Bl  ite  !.•  rialatures  speaks  of  them  as  adopted  at  the  first  session,  begun 
ortb  day  of  March,  ITS'.'.     The  dato  of  the  introduction  and  passage  of  the  act 
enforcing  tho  ordinance  of  '87,  will  be  found  at  note  9,  ante. 


17 

which  framed  the  amendments 'thereto,  taken  together,  do  certainly 
include  those  who  rrialj  be  i'airly  Called  '"our  fathers  who  framed 
the  Government  utider  which  we  li\e."(24)  And  so  assuming,  I 
defy  any  man  to  show  that  anyone  of  them  ever,  in  his  whole  lite, 
declared  that,  in  his  understanding,  any  proper  division  of  local 
from  federal  authority,  or  any  )iartof  the  Constitution,  forbade  the 
Federal  Government  to  control  as  to  slavery  in  the  federal  terri- 
tories. I  go  a  step  further.  I  defy  any  one  t<  i  show  that  any 
living  man  in  the  whole  world  ever  did,  prior  to  the  bfegiaifjng  of 
the  present  century,  (and  I  might  almost  say  prior  to  the  beginning 
of  the  last  half  of  the  present  century,)  declare  that,  in  his  under- 
standing, any  proper  division  of  local  from  federal  authority,  or 
any  part  of  the  Constitution,  forbade  the  Federal  Government  to 
control  as  to  slavery  in  the  federal  territories.  To  those  who  now 
so  declare,  I  give,  not  only  "our  fathers  who  framed  the  Govern 
ment  under  which  we  live,"  but  with  them  all  other  living  men 
within  the  century  in  which  it  was  framed,  among  whom  to 
search,  and  they  shall  not  be  able  to  find  the  evidence  of  a  single 
man  agreeing  with  them. 

Now,  and  here,  let  me  guard  a  little  against  being  misunder 
stood.  I  do  not  mean  to  say  we  are  bound  to  follow  implicitly  in 
whatever  our  fathers  did.  To  do  so,  would  be  to  discard  all  the 
lights  of  current  experience — to  reject  all  progress — all  improve- 
ment. What  I  do  say  is,  that  if  we  would  supplant  the  opinions 
and  policy  of  our  fathers  in  any  case,  we  should  do  so  upon  evi- 
dence so  conclusive,  and  argument  so  clear,  that  even  their  great 
authority,  fairly  considered  and  weighed,  cannot  stand ;  and  most 
surely  not  in  a  case  whereof  we  ourselves  declare  they  understood 
the  question  better  than  we. 

If  any  man  at  this  day  sincerely  believes  that  a  proper  division 
of  local  from  federal  authority,  or  any  part  of  the  Constitution, 
forbids  the  Federal  Government  to  control  as  to  slaver}'  in  the 
federal  territories,  he  is  right  to  say  so,  and  to  enforce  his  position 
by  all  truthful  evidence  and  fair  argument  which  he  can.  But  he 
has  no  right  to  mislead  others,  who  have  less  access  to  history, 
and  less  leisure  to  study  it,  into  the  false  belief  that  "  our  fathers, 

Note  24. — It  is  singular  tb;it  while  two  ot  the  "  thirty-nine "  were  in  that 
Congress  of  1819,  there  was  but  one  (besides  Mr.  King)  of  the  "seventy -six."  The 
one  was  William  Smith,  of  South  Carolina.  lie  was  then  a  Senator,  and,  like  Mi. 
Pinckney,  occupied  extreme  Southern  ground. 

2 


18 

wh  i  anient  under  whi  Live,"  were  of  the 

opinion — thus   substituting   falsehood   and   deception 
truthful  evid<         and  fair  argument     If  any  man  at  tlii.s  daj 
'our  Gathers  who  foamed  the  Government  under 
used  :m<l  applied  principles,  in  other  cases,  which 
•it  to  have  led  them  to  understand  that  a  proper  division 
Loral  authority  or  some  part  of  tin'  Constitution,  :'■ 
Federal   Government   to  control  i  slavery  in  I 

is  right  to  say  so.     But  he  should,  at  I 
san  .  brave  the  responsibility  of  declaring  that,  in  his  opin- 

.  he  understands  their  principles  better  than  they  did  them- 
•  and  especially  should  >he  not  shirk  that  responsibility  by 
;  that  they  ••understood  the  tion  jusl   as   well,  and 

••   ••.  than  we  do  now." 
But  enoughl     Let  all  who  believe  that  " ounfathers,  wbp  framed 
the  Govern i nod  under  which  we  live,  understood  this  question  , 

\  than  we  do  speak  as  they  yoke,  and  act  as 

they  ac  m  it.     This  is  all  Republicans  ask — all  Republicans  de- 

— '     -lation  to  slavery.     As  those  fathers   ma  ■'  it  be 

h  marked,  as  an  evil  not  to  he  extended,  hut  to  be  tolerated  and 

only  because  of  and  so  far  as  its  actual  presence  among  us 

makes  that  toleration  and  protection  a  necessity.     Let  all  the  yxaran- 

thosefath  it,  be,  not grudgingly,  but  fully  and  fairly main- 

tained.      For  this  Republicans  contend,  and  with  this,  so  far  as  I 

orb  lieve,  they  will  be  content. 

A:,  i    now,  if  they  would  listen — as  I  suppose  they  will  not — I 

would  address  a  few  words  to  the  Southern  people. 

I  would  say  to  them: — You  consider  yotuservesa  reasonable 
and  a  just  bebple  :  and  1  consider  that  in  the  general  qualities  of 
reason  and  justice  you  ate  not  interior  to  any  other  people.  Still, 
when  3  ak  of  us  Republicans^  you  d  nly; to,  denounce 

•.  at  the  b  no  better  than  outlaw        STouwill 

:it  a  1  to  pirates  or  murderers,  but  nothing  like  it  to 

•   Black    Republican  :       In  all  your  contentions  with  One  another. 
each  o    .        leems  an  unconditional  condemnation  of.;"  Black  B 
publicanism"  first  thing  to  be  attended  to.  I,  such 

Lofua  be  an   indispensable  prerequisite- 

license,  so  to  speak — among  yon  to  be  admitted  or  permitted  to 

ak  at  all.       Now,  can  you,   or   not,    be  prevailed  Upon   to    pan-' 


19 

and  to  consider  whether  this  is  quite  just  to  us,  or  even  to  your- 
selves? Bring  forward  your  charges  and  specifications,  and  then 
be  patient  long  enough  to  hear  us  deny  or  justify. 

You  say  we  are  sectional.  We  deny  it.  That  makes  an  issue ; 
and  the  burden  of  proof  is  upon  you.  You  produce  your  proof; 
and  what  is  it?  Why,  that  our  party  has  no  existence  in 
your  section — gets  no  votes  in  your  section.  The  fact  is 
substantially  true;  but  does  it  prove  the  issue?  If  it  does, 
then  in  case  we  should,  without  change  of  principle,  begin 
to  get  votes  in  your  section,  we  should  thereby  cease  to  be 
sectional.  You  cannot  escape  this  conclusion ;  and  yet,  are 
you  willing  to  abide  by  it  ?  If  you  are,  you  will  probably 
soon  find  that  we  have  ceased  to  be  sectional,  for  we  shall  get 
votes  in  your  section  this  very  year.  You  will  then  begin  to  dis- 
cover, as  the  truth  plainly  is,  that  your  proof  does  not  touch  the 
issue.  The  fact  that  we  get  no  votes  in  your  section,  is  a  fact  of 
your  making,  and  not  of  ours.  And  if  there  be  fault  in  that  fact, 
that  fault  is  primarily  yours,  and  remains  so  until  you  show  that 
we  repel  you  by  some  wrong  principle  or  practice.  If  we  do  repel 
you  by  any  wrong  principle  or  practice,  the  fault  is  ours  ;  but 
this  brings  you  to  where  you  ought  to  have  started — to  a  discussion 
of  the  right  or  wrong  of  our  principle.  If  our  principle,  put  in 
practice,  would  wrong  your  section  for  the  benefit  of  ours,  or  for 
any  other  object,  then  our  principle,  and  we  with  it,  are  sectional, 
and  are  justly  opposed  and  denounced  as  such.  Meet  us,  then, 
on  the  question  of  whether  our  principle,  put  in  practice,  would 
wrong  your  section ;  and  so  meet  us  as  if  it  were  possible  that 
something  may  be  said  on  our  side.  Do  you  accept  the  chal- 
lenge ?  No !  Then  you  really  believe  that  the  principle  which 
"  our  fathers  who  framed  the  Government  under  which  we  live" 
thought  so  clearly  right  as  to  adopt  it,  and  indorse  it  again  and 
again,  upon  their  official  oaths,  is  in  fact  so  clearly  wrong  as  to 
demand  your  condemnation  without  a  moment's  consideration. 

Some  of  you  delight  to  flaunt  in  our'  faces  the  warning  against 
sectional  parties  given  by  Washington  in  his  Farewell  Address. 
Less  than  eight  years  before  Washington  gave  that  warning,  he 
had,  as  President  of  the  United  States,  approved  and  signed  an 
act  of  Congress,  enforcing  the  prohibition  of  slavery  in  the  North- 
western Territory,  which  act  embodied  the  policy  of  the  Govern- 


20 

:  ject  up  to  and  at  &  at  h--  penned 

t h;ii  v..  :  and  about  ear  after  be  •■  wrote 

■  •  that  he  -  I  that  prohibition  :i  wise  m< 

I'f  same  connection  his  hope  that  tould  at  some 

time  have  a  confederacy  of  fr<     -        .    25) 

in  mind,  and  seeing  '.hat        I    >nalism  has  since 
ark  "ii  this  same  -  that  •.  in   in  your 

lia;  inst  us,  or  in  our  han  u?   Could  Washington 

himself  speak,  would  he  cast  the  bla  rnalism  upon 

kin  his  policy,  or  upon,you  who  repudiate   it'.'     We 
respect  that  warning  of  Was]iingtpn,  and  we  commend  it  to  you, 
with  his  example  pointingto  the  it 

Bu1  you  say  you  are  c^nservative^r-eminently  conservative — 
while  we  are  revolutionary,  destructive,  or  something  <»t'  the  sort 
What  atism?     [s  it  not  adheren  the. old  and  tried, 

m?t  the  new  and  untried'.'     We  stick  to,  contend  for,,  the 
(I  old  policy  on  tin-  point  in  controversy  whi<-h  was  adopted  by 
"our  fathers  v.1p>  framed  the  Government  under  whieh  we  liye, :" 
you  with  mie  accord  rejectjfand  scout,  and  -pit  upon  that  old 
policy,  and  insist  upon  substituting  -         uing  new;.     True,  you 
disagree  amoug  yourselves  ;t<  l"  what   that  substitute  shall  be. 
•t  are  divided  on  uew  propositions  and  plans,  but  you  are  una- 
nimous in  rejecting  and  denouncing  the  old  policy  of  the  lathers. 
Some  of  you  are  for  reviving  the  foreign  slave  trade  ;  some  for  a 
Congressional  Slave-Codr  lor  the  Territories  ;  some  id]-  Cbngn  ss 
forbidding  the  Territories  to  prohibit  Slavery  within  their  limil 
.-■•me  for  maintaining  Slavery  in  the  territories  tb  i  the  judi- 

some  ;' ■:•  the  "gur-real   purrrinciple"  that  ••it' one  man 
would  enslave  another,  no  third  man  should  object,"  fantastically 

Note  'J.">. — The  following  i-  au  extraj  t  from  the  leu.  .  . : — 

'•  I  agree  with  you  cordially  in  your  vie'wa  in  regard  t"  negro  Blavery.     1  have  long 

riduiJ  evil,  both  socially  and  politically,  ami  I  should  rejoice  in 

States  of  such  a  burden.     The  Congress  of  178^  adopted 

an  ordinance  which  prohibits  the  existence    of  udvbrontary  servitude  in  our  North- 

.  territory  forever.     I-  ii  a  wis*  It  Inftets  with  the  approval 

and  assent  o:'  member  from  the  States  more  immediately  interested  in  Blare 

r.     The  prevailing  opinion  in  Virginia  is  o|  ofalavery  in  our  new 

tcrrit.>ri.  I  trust  we  Bhall  have  a  confederation  of  free  States." 

The  tract  from  a  tetter  of  Washington  to  Robert  Morris,  April  1 2th. 

as  1  how  clearly  he  deemed  emancipation 

ptment: — "1   can  only    lay  that  thert  is  Ho' man  living 

.  wished  :  than  1  do  to  see  a  plan  adopted    for  the  abolition   ot  it  ;   but 

..•  ia  but  one  proper  and  effective  mode  by  which  it  can  be  accomplished,  and  that 

A.11VK  AUTUOi'.iTY,  and  that,  as  far  ts  my  ruffragt  will  ;/<>,   shall  nacr  lie 


21 

4J  i- 

called  "  Popular  Sovereignty  ;"  but  never  a  man  among  you  in 
favor  of  federal  prohibition  of  slavery  in  federal  territories,  ac- 
cording to  ,tbe, practice  of  "  our  fathers  who  framed  the  Govern- 
ment under  which  we  live."  Not  one  of  all  your  various  plans 
can  show  a  precedent  or  an  advocate  in  trie  century  within  which 
our  Government  originated.  Consider,  then,  wnetner  your  claim 
of  conservatism  tor  yourselves,, and  your  charge  01  destructive- 
ness  against  us.  are  based  on  the  most,  dear  and  stable  foundations. 

Again,  you  say  we  have  made  the  slavery  question  more;  promi- 
nent than  it  formerly  was.  We  deny  it.  We  admit  that  it  is 
more  prominent,  but  we  deny  that  we  made  it  so.  It  was  not  we, 
but  you,  who  discarded  the  old  policy  of  the  fathers.  We  resisted, 
and  still  resist,  your  innovation ;  and  thence  comes  the  greater 
prominence  of  the  question.  Would  you  have  that  question  re- 
duced to  its  former  proportions  ?  Go  back  to  that  old  policy. 
What  has  been  will  be  again,  under  the  same  conditions.  If  you 
would  have  the  peace  of  the  old  times,  readopt  the  precepts  and 
policy  of  the  old  times. 

You  charge  that  we  stir  up  insurrections  among  your  slaves. 
We  deny  it ;  and  what  is  your  proof  ?  Harper's  Fern' !  John 
Brown  ! !  John  Brown  was  no  Republican ;  and  you  have  failed 
to  implicate  a  single  Republican  in  his  Harper's  Ferry  enterprise. 
If  any  member  of  our  party  is  guilty  in  that  matter,  you  know  it 
or  you  do  not  know  it.  If  you  do  know  it,  you  are  inexcusable 
for  not  designating  the  man  and  proving  the  fact.  If  you  do  not 
know  it,  you  are  inexcusable  for  asserting  it,  and  especially  for 
persisting  in  the  assertion  after  you  have  tried  and  failed  to  make 
the  proof.  You  need  not  be  told  that  persisting  in  a  charge 
which  one  does  not  know  to  be  true,  is  simply  malicious  slander.  (26) 

Note  26. — A  Committee  of  five,  consisting  of  Messrs.  Mason,  Davis  and  Fitch, 
(Democrats,)  and  Collamer  and  Doolittle,  (Republicans,)  was  appointed  Dec.  14,  1859, 
by  the  U.  S.  Senate,  to  investigate  the  Harper's  Ferry  affair.  That  Committee  was  di- 
rected, among  other  things,  to  inquire:  (1  )  "Whether  such  invasion  and  seizure  was 
"made  under  color  of  any  organization  intended  to  subvert  the  government  of  any  of 
"the  States  of  the  Union."  (2.)  "  What  was  the  characterand  extent  of  such  organiza- 
tion." (3.)  "  And  whether  any  citizens  of  the  United  States,  not  present,  were  impli- 
cated therein,  or  accessory  thereto,  by  contributions  of  money,  arms,  munitions,  or 
"  otherwise," 

The  majority  of  the  Committee,  Messrs.  Mason,  Davis,  and  Fitch,  reply  to  the  inqui- 
ries as  follows : 

1.  "  There  will  be  found  in  the  Appendix,  a  copy  of  the  proceedings  of  a  Conven- 
tion held  at  Chatham,  Canada,  of  the  Provisional  Form  of  Government  there  pretended 
"  to  have  been  instituted,  the  object  of  which  clearly  was  to  subvert  the  government  of 
"  one  or  more  States,  and  of  course,  to  that  extent,  the  government  of  the  United  States." 
,  By  reference  to  the  copy  of   Proceedings  it  appears  that  nineteen  persons  were 


00 


So:.  l  admit  that  no  Kepublic  aided  or  en' 

coil  the  Harper's  Ferry  aflair;  but  still  that  our  doc- 

trk  L  declar  sarily  lead  to  such  results.     We  do 

lieveit     We  kno  hold  to  no  doctrine,  and  make  no 

:i,  which  wore  not  held  to  and  made  by  "our  fathers  who 
framed  th  G  \  rnmenl  inder  which  we  live."  You  never  dealt 
fairly  by  us  in  relation  to  this  affair.     When  it  occurred,  someim- 

■  re  near  at  hand,  and  you  were  in  evid< 
ith  the  belief  that,  by  charging  the  blame  upon  us,  yon 
at  re  of  us  in  those  elections.     The  elections 
iur  expectations  were  not  quite  fulfilled     Ever)-  Re- 
publican man  knew  that,  as  to  himself  at  hast,  your  charge  was  a 
ader,  and  he  was  not  much  inclined  by  it  to  cast  his  vote  in 
your  favor.     Republican  doctrines  and  declarations  are  accom- 
panied with  a  continual  protest  against  any  interference  whatever 
with  your  slaves,  or  with  you  about  your  slaves.     Surely,  i 

is  not  encourage  them  to  revolt.  True,  we  do,  in  common 
with  '"our  fathers,  who  framed  the  Government  under  which  we 
live,"  declare  our  belief  that  slavery  is  wrong;  but  the   -  do 

not  hear  us  declare  even  this.  For  anything  we  say  or  do,  the 
es  would  scarcely  know  there  is  a  Republican  part  v.  I  be- 
lieve they  would  not,  in  fact,  generally  know  it  but  for  your  mis- 
representations of  us,  in  their  hearing.  In  your  political  contests 
among  yourselves,  each  faction  charges  the  other  with  sympathy 
with  Black  Republicanism ;  and  then,  to  give  point  to  the  charge, 
.  Republicanism  to  simply  be  insurrection,  blood  and 
thunder  among  the  sjavi 

present  at  that  Convention,  eight  of  whom  ware  either  killed  or  executed  at  Charlestown, 
and  one  examim  .1  before  the  Committee 

•j..  "The  character  ofthe  military  organization  appear-,  by  th<-  eoTnmwwionfl  issued  to 
rtain  ofthe  armed  party  as  captain-,  lieutenants,  «v ■■.,  *  specimen  of  which  will  be 
"lound  i' 

(Tl.       >  -ions  are  signal  by  John  Urown  as  Commander-in-Chief^ under 

Provisional  Government,  and  by  J.  II.  Kagi  as  Secretary.) 

"It  clearly  app  Brown  was  to  take  with  him  comparatively 

"but  few  men;  I  n  carefully  trained  by  military  instruction  previously, 

I  were  to  act  as  officers.     Forhismflit  I,  very  clearly,  On  inciting 

"insurrection 

.   "  It  docs  not  appear  that  the  contributions  were  made  with  actual  knowledge  of 

"the  use  for  which  tl.  I  by  Brown,  although  it  does  appear  that  money 

.  ,       ribufc  1  by  tl  og  themselves  the  friends  of  this  man  Brawn, 

b  alike  of  what  they  st  •  lom,  (of  which  they  claimed 

"him  to  be  an  especial  ape  tle,)with     ti        ring  as  to  toe  way  in  which  the  money 

"  would  be  used  by  him  to  esuchpreten 

In  conelud:  I  the  majority  ofthe  Committee  thus  characterize  the  "inva- 

sion:" "It  was  simply  the  act  of  lawless  ruffians,  tinder  the  sanction  of  :ao  public  or 

:itical  authority — distinguishable  only  from  ordinary  felonies  by  the  ulterior  ends 

"in  contemplation  by  them,"  &c 


23 

Slave  insurrections  are  no  more  common  now  than  they  were 
before  the  Republican  party  was  organized.  "What  induced  the 
Southampton  insurrection,  twenty-eight  years  ago,  in  which,  at  least, 
three  times  as  many  lives  were  lost  as  at  Harpers  Ferry  ?  (27)  You 
can  scarcely  stretch  your  very  elastic  Taney  to  the  conclusion  that 
Southampton  was ; '  got  up  by  Black  Republicanism. ? '  In  the  present 
state  of  things  in  the  United  States,  I  do  not  think  a  general,  or 
even  a  very  extensive  slave  insurrection, ,is  possible.  The  indis- 
pensable concert  of  action  cannot  be  attained.  The  slaves  have 
no  means  of  rapid  communication  ;  nor  can  incendiary  freemen, 
black  or  white,  supply  it  The  explosive  materials  are  everywhere 
in  parcels ;  but  there  neither  are,  nor  can  be  supplied,  the  indispen- 
sable connecting  trains. 

Much  is  said  by  Southern  people  about  the  affection  of  slaves 
for  their  masters  and  mistresses  ;  and  a  part  of  it,  at  least,  is  true. 
A  plot  for  an  uprising  could  scarcely  be  devised  and  communica- 
ted to  twenty  individuals  before  some  one  of  them,  to  save  the 
life  of  a  favorite  master  or  mistress,  would  divulge  it.  This  is  the 
rule ;  and  the  slave  revolution  in  Hayti  was  not  an  exception  to 
it,  but  a  case  occurring  under  peculiar  circumstances.  (28)  The  gun- 
powder plot  of  British  history,  though  not  connected  with  slaves, 
was  more  in  point.  In  that  case,  only  about  twenty  were  admitted 
to  the  secret ;  and  yet  one  of  them,  in  his  anxiety  to  save  a  friend, 

Note  27. — The  Southampton  insurrection,  August,  1831,  was  induced  by  the  re- 
markable ability  of  a  slave  calling  himself  General  Nat  Turner.  He  led  his  fellow  bond- 
men to  believe  that  he  was  acting  under  the  order  of  Heaven.  In  proof  of  this  he 
alleged  that  the  singular  appearance  of  the  sun  at  that  time  was  a  divine  S'gnal  for  the 
commencement  of  the  struggle  which  would  result  in  the  recovery  of  their  freedom. 
This  insurrection  resulted  in  the  death  of  sixty-four  white  persons,  and  more  than  one 
hundred  slaves.  The  Southampton  was  the  eleventh  large  insurrection  in  the  Southern 
States,  besides  numerous  attempts  and  revolts. 

Note  2S. — In  March,  1790,  the  General  Assembly  of  France,  on  the  petition  of  the 
free  people  of  color  in  St.  Domingo,  many  of  whom  were  intelligent  and  wealthy,  passed 
a  decree  intended  to  be  in  their  favor,  but  so  ambiguous  as  to  be  construed  in  favor  of 
both  the  whites  and  the  blacks.  The  differences  growing  out  of  the  decree  created  two 
parties — the  whites  and  the  people  of  color;  and  some  blood  was  shed.  In  1791,  the 
blacks  again  petitioned,  and  a  decree  was  passed  declaring  the  colored  people  citizens, 
who  were  born  of  free  parents  on  both  sides.  This  produced  great  excitement  among 
the  whites,  and  the  two  parties  armed  against  each  other,  and  horrible  massacres  and  con- 
flagrations followed.  Then  the  Assembly  rescinded  this  last  decree,  and  like  results  fol- 
lowed, the  blacks  being  the  exasperated  parties  and  the  aggressors.  Then  the  decree 
giving  citizenship  to  the  blacks  was  restored,  and  commissioners  were  sent  out  to  keep  the 
peace.  The  commissioners,  unable  to  sustain  themselves,  between  the  two  parties,  with 
the  troops  they  had,  issued  a  proclamation  that  all  blacks  who  were  willing  to  range 
themselves  under  the  banner  of  the  Republic  should  be  free.  As  a  result  a  very  large 
proportion  of  the  blacks  became  in  fact  free.  In  1794,  the  Conventional  Assembly 
abolished  slavery  throughout  the  French  Colonies.  Some  years  afterward  the  French 
Government  sought,  with  an  army  of  60,000  men  to  reinstate  slavery,  but  were  unsuc- 
cessful, and  then  the  white  planters  were  driven  from  the  Island. 


24 

.  the  pilot  to  that  friend,  and,  by  consequ<         averted  the 
j,     Occ     onal  pois  3  from  the  kitchen,    and  open  or 

ations  in  the  field,  and  local  revolts  exteridinj 
:i   -  ntinue  bo  occur  aa  the  oatural   result 

shu  but  no  general   insurrection  of  si  I   think,  can 

happen  in  this  country  f. -r  a  long  tim  ■.  \Yh.»  \;er  much  fears,  or 
much  bo]  such  an  event,  will  be  alike  disappointed. 

the  language  ofHr.  3    fi  rsori,  uttered  many  years  ago,  ,;Ttis 
[]  in  our  power  to  direct  the  pfoo  :ipatibn,  arid  de- 

lation, peaceably,  and  in  sucn  slow  di  that  the  evil  will 

wear  off  Insensibly;  and  their  places  be,  parijMissu,  filled  up  by 
free  white  laborers.  If,  oh  the  contrary,  ii  is  left  to  force  itself  on, 
human  nature,  must  shudder  at  the  prospect  held  up."(29) 

Mr.  Jefferson  did  riot  mean  to  say.  nor'clo  T,  that  the  pow<  ■  oi 
emancipation  i>  in  the   Federal  Croverniifent     lie  spoke  of  Vir- 

i.  as  to  the  [lower  of  enumeration.  1  speak  of  the  sl:v 
holding  State- only.     The  Federal  Government,  HoWeverj  as  we 
insist,  has  the  power  of  restraining  the  extensi  »ri  1  »f  the  mstltftrti  »n 
— the  power  to  insure  that  a  stave  insurrection  shall  never  occur 
on  any  American  soil  which  is  now  free  from  slavery. 

ii  Brown's  effort  was  peculiar.     It  was  riot  a  slave  iristrr 
tion.     It  was  an  attempt  by  white  men  to  get  up  a  revolt  among 
slaves,  in  which  the  3  refused  to  participate,      tri   taet.it  was 

50  al  -ml  that  the  slaves,  with  all  their  ignorance,  saw  plainly 
enough  it  could  not  succeed-     That  affair,  in  its  philosophy,  cor- 
responds   with    the    many    attempts,    related    in    history,    at    the 
nation  of  kings  and  end  An  enthusiast  broods  over 

the  <  a  of  a  people  till  he  fancies  hiihself  coinniissibned 

by  HeaVen  to  liberate  them.  He  ventures  the  attempt,  which 
ends  in  little  else  than  his  own  execution.  Orsini's  attempt  on 
Louis  Napoleon,  and  John  Brown's  attempt  at  Harper's  Ferry 
re,  in  their  philosophy,  precisely  thd  same.  The  eagerness  to 
■  Maine  on  old  England  in  the  one  case,  and  on  New  England 
in  the  other,  does  not  disprove  the  sameness  of  the  two  things. 

And  how  much  would  it  avail  you,  if  you  could,  by  the  use  of 

John  Brown,  Helper's  Book,  an*  1  the  like,  break  up  the  Republican 

zation  ?  Human  action  can  be  modified  to  some  extent,  but 

Xoti  uv. —  Vul'  Ji-tr.-r-ui 's  Autobiography,  commenced  Januarj  6th,  1821,     Jol'tlr- 
son'.s  Workri,  vol    1,  page  '<  >, 


human  nature  cannot  be  changed.  There  is  a  judgment  and  a 
feeling  against  slavery  in  this  nation,  which  cast  at  least  a  million 
and  a  hall'  (5f  votes.  You  cannot  destroy  that  judgment  and 
feeling — that  sentiment — by  breaking  lip  bhe  political  organization 
■which  rallies  around  it.  Y<>u  can  scanvly  -ratter  and  disperse  an 
army  which  has  been  formed  into  order  in  the  face  of  your  heav- 
iest lire;  but  if  you  could,  how  much  would  you  gain  by  forcing 
the  sentiment  -which  created  it  out  of  the  peaceful  channel  of  the 
ballot-box,  into  some  other  channel?  What  would  that  other 
channel  probably  be?  Would  the  number  of  John  Browns  be 
lessened  or  enlarged  by  the  operation? 

But.  you  will  break  up  the  Union  rather  than  submit  to  a  denial 
of  your  Constitutional  rights.  (30) 

Note  30. — "  I  am  not  ashamed  or  afraid  publicly  to  avow,  that  the  election  of 
"William  H.  Seward  or  Salmon  P.  Chase,  or  any  .such  representative  of  the  Republican 
"party,  upon  a  sectional  platform,  ought  to  be  resisted  to  the  disruption  of  every  tie  that 
"  binds  this  Confederacy  together.  (Applause,  on  the  Democratic  side  of  the  House. )" 
— Mr.  Curry,  of  Alabama,  in  the  House  of  RepreserUatiMes. 

"Just  so  sure  as  the  Republican  party  succeed  in  electing  a  sectional  man,  upon 
"  their  sectional,  anti-slavery  platform,  breathing  destruction  and  death  to  the  rights  of 
"  my  people,  just  so  sure,  in  ruy  judgment,  the  time  will  have  come  when  the  South 
"  must  and  will  take  an  unmistakable  and  decided  action,  and  then  he  who  dallies  i- 
"  a  dastard,  and  he  who  doubts  is  damned  !  I  need  not  tell  what  I,  as  a  Southern  man, 
"  will  do.  I  think  I  may  safely  speak  for  the  masses  of  the  people  of  Georgia — that 
"  when  that  event  happens,  they,  in  my  judgment,  will  consider  it  an  overt  act,  a  declara- 
"  tion  of  war,  and  meet  immediately  in  convention,  to  take  into  consideration  the  mode 
"  and  measure  of  redress.  That  is  my  position;  -and  if  that  be  treason  to  the  Govern- 
"  ment,  make  the  most  of  it." — Mr.  Gartell%  of  Georgia,  in  the  House  of  Representatives. 

"  1  said  to  my  constituents,  and  to  the  people  of  the  capital  of  my  State,  on  my 
"  way  here,  if  such  an  event  did  occur," — [i.  e.,  the  election  of  a  Republican  President, 
"  upon  a  Republican  platform,]  "  while  it  would  be  their  duty  to  determine  the  course 
"  which  the  State  would  pursue,  it  would  be  my  privilege  to  counsel  with  them  as  to 
"  what  I  believed  to  be  the  proper  course;  and  I  said  to  them,  what  I  say  now,  and 
"  what  I  will  always  say  in  such  an  event,  that  my  counsel  would  be  to  take  ihdepen- 
"  dence  out  of  the  Union  in  preference  to  the  los3  of  constitutional  rights,  and  pbhse- 
"  quent  degradation  and  dishonor,  in  it.  That  is  my  position,  and  it  is  the  position 
"  which  I  know  the  Democratic  party  of  the  State  of  Mississippi  will  maintain." — Gov. 
McRae,  of  Mississippi. 

"It  is  useless  to  attempt  to  conceal  the  fact  that,  in  the  present  temper  of  the 
"  southern  people,  it"  [i.  e.,  the  election  of  a  Republican  President]  "cannot  be,  and 
"  will  not  be  submitted  to.  The  'irrepressible  conflict'  doctrine,  announced  and  advo- 
"  cated  by  the  ablest  and  most  distinguished  leader  of  the  Republican  party,  is  an  open 
"  declaration  of  war  against  the  institution  of  slavery,  wherever  it  exists ;  and  I  would 
"  be  disloyal  to  Virginia  and  the  South,  if  I  did  not  declare  that  the  election  of  such  a 
"  man,  entertaining  such  sentiment,  and  advocating  such  doctrines,  ougM  to  be  resisted 
"  by  the  slavefiolding  States.  The  idea  of  permitting  such  a  man  to  have  the  control 
"  and  direction  of  the  army  and  navy  of  the  United  States,  and  the  appointment  of  high 
"judicial  and  executive  officers,  postmasters  included,  cannot  be  entertained  by  the 
"  South  for  a  moment." — Gov.  Letcher,  of  Virginia. 

"Slavery  must  be  maintained — in  the  Union,  if  possible  ;  out  of  it,  if  necessary: 
"  peaceably  if  we  may ;  forcibly  if  we  must." — Sc?tator  Iverson,  of  Georgia. 

"Lincoln  and  Hamlin,  the  Black  Republican  nominees,  will  be  elected  in  Novem- 
ber next,  and  the  South  will  then  decide  the  great  question  whether  they  will  submit  to 
the  domination  of  Black  Republican  rule — the  fundamental  principle  of  their  organiza- 
tion being  an  open,  undisguised,  and  declared  war  upon  our  social  institutions.  I  be- 
lieve that  the  honor  and  safety  of  the  South,  in  that  contingency,  will  require  the  prompt 
secession  of  the  slaveholding  States  from  the  Union ;  and  failing  then  to  obtain  from 
the  free  States  additional  and  higher  guaranties  for  the  protection  of  our  rights  and  pro- 


26 

•vhut  reckless  sound  ;  but  it  would  be  palljal 
if  by  the  mere  force  of 

numbers,  to  deprive  you  of  some  right,  plainly  written  <luwi. 
th<  i  :.    But  we  are  proposing  rw    ion  thing. 

^  b  i  make  declarati  >u  have  a  specific  and 

I  allusion  to  an  assumed  Constitutional  right  of 
yours,  to  take  slaves  Into  the  federal  ad  to  hold  them 

there  as  j  i         jr.    But  no  such  right  is  Uy  written  in  I 

0   Qstitutibn.      That   instrumentis   literally  .silent  about  any  such 
tit      We,  OU  the  contrary,  deny  that  such  a   right   has   any  i 

the  ( 'institution,  even  by  implication. 
STour  purpose,  then,  plainly  stated,  is,  that  you  will  destroy  tho 
Government,  unless  you  be  allowed  to  construe  and  enforce  the 
Constitution  as  you  please,  on  all  points  in  dispute  between  ;. 
and  us.     You  will  rule  or  ruin  in  all  event-. 

This,  plainly  stated,  is  your  language.  Perhaps  you  will  say  the 
Supreme  Court  has  decided  the  disputed  Constitutional  epiestion 
in  your  favor.  Not  quite  so.  But  waiving  the  lawyer's  distinction 
between  dictum  and  decision,  the  Court  have  decided  the  question 
for  you  in  a  sort  of  way.  The  Court  have  substantially  said,  it  is 
your  Constitutional  right  to  take  slaves  into  the  federal  territor  . 
I  to  hold  them  there  as  property.  AVhen  I  say  the  decision  was 
made  in  a  sort  of  way,  I  mean  it  was  made  in  a  divided  Court,  by 
a  bare  majority  of  the  Judges,  and  they  not  quite  agreeing  with  one 
:  the  reasons  for  making  it ;  (31)  that  it  is  so  made  as  that 

pcrty,  that  the  seceding  States  should  proceed  to  establish   a   new  government.     But 
while  I  think  Buch  would  be  the  imperative  duty  of  the  South,  I  should  emphatically  re- 
liate  any  scheme  having  for  its  object  the  separate  Mi  i  f  South 

Carolina,     [f  Georgia,  Alabama  and  Mississippi  alone — giving  us  a  portion  of  the 
lantic  -would  unite  with  this  State  in  a  common 

..  publican,  I  would  give  my  assent  to  the  policy." — Letter  of' Hon. 
Jam  \  I..  0  /.,  to  John  Martin  and  others,  Jul;/  23,  18G0. 

«    Kon  81. — i The  Hon.  John   A.  Andrew,  of  the  Boston  Bar,  made  the  following  analy- 
sis of  the  Dred  E  ■  in  the  MassaehuMtts  legislature.     Hon.  Caleb  (fashing- was 
.'  body,  but  did  not  question  its  conrectm 
"On  the  question  of  possibility  of  citizenship  to  one  of  tin-  Dred  Scott  eolor,  extraction, 
I  origin,  three  ,  Wayne  and  Daniels,  held  the  negative.     Nol 
|  Campbell  passed  brer  the- plea  by  winch  tho  question  was  raised.     Grier  agreed 
withKel          ■           said  the  question  was  not  open.     McLean  agreed  with  Catron, 
but  thought  the  plea  bad.     Curtis  agreed  thai  the  question  was  open,  but  attacked  the 
-  averments,  and  decided  that  a  free  born  colored  person,  native  to  any 
,  is  a  citizen  thereof,  bj  birth,  and  is  'herefore  a  citizen  of  the  Union,  and  entitled 
the] 
"Had  a  majority  of  the  court  directly  sustained  the  pi  t  in.  abatement,  and  I 
jurisdiction  of  the  Circuit  Court  appealed  from,  then  nil  else  they  could  have  said 
and  done  would  1.  ive  been   done  and  paid  in  u  cause  not  theirs  to  try  and  not  theirs  to 
ass.    In  t                                     jority,  one  step  more  (was  to  be  taken,     And  the 
next  step  reveals  nn  agi                      t  of  the  Jtbboss,  on  a  point  decisive  of  the  cause, 
ani  putting  an  end  to  all  tin-  functions  of  the  court 


27 

its  avowed  supporters  disagree  with,  one  another  about  its  meaning, 
and  that  it  was  mainly  based  upon  a  mistaken  statement  of  fact — 
the  statement  in  tho  opinion  that  "  the  right  of  property  in  a  slave 
is  distinctly  and  expressly  affirmed  in  tho  Constitution."  (32) 

An  inspection  of  the  Constitution  will  show  that  the  right  of 
property  in  a  slave  is  not  "  distinctly  and  expressly  affirmed"  in  it. 
Bear  in  mind,  the  Judges  do  not  pledge  their  judicial  opinion  that 
such  right  is  impliedly  affirmed  in  the  Constitution ;  but  they 
pledge  their  veracity  that  it  is  "  distinctly  and  expressly"  affirmed 
there — "distinctly,"  that  is,  not  mingled  with  anything  else — "  ex- 
pressly," that  is,  in  words  meaning  just  that,  without  the  aid  of 
any  inference,  and  susceptible  of  no  other  meaning. 

If  they  had  only  pledged  their  judicial  opinion  that  such  right 
is  affirmed  in  the  instrument  by  implication,  it  would  be  open  to 
others  to  show  that  neither  the  word  "slave"  nor  "slavery"  is  to 
be  found  in  the  Constitution,  nor  the  word  "  property  "  even,  in 
any  connection  with  language  alluding  to  the  things  slave,  or 
slavery,  and  that  wherever  in  that  instrument  the  slave  is  alluded 
to,   he  is  called  a  "person;" — and  wherever  his    master's    legal 

"  It  is  this.  Scott  was  first  carried  to  Rock  Island,  in  the  State  of  Illinois,  where  he 
remained  about  two  years,  before  going  with  his  master  to  Fort  Snelling,  in  the  Terri- 
tory of  Wisconsin.  His  claim  to  freedom  was  rested  on  the  alleged  effect  of  his  trans- 
lation from  a  slave  State,  and  again  into  a  free  territory.  If,  by  his  removal  to  Illinois, 
he  became  emancipated  from  his  master,  the  subsequent  continuance  of  his  pilgrimage 
into  the  Louisiana  purchase  could  not  add  to  his  freedom,  nor  alter  the  fact.  If,  by 
reason  of  any  want  or  infirmity  in  the  laws  of  Illinois,  or  of  conformity  on  his  part  to 
their  behests,  Dred  Scott  remained  a  slave  while  he  remained  in  that  State,  then — for  the 
sake  of  learning  the  effect  on  him  of  his  territorial  residence  beyond  the  Mississippi,  and  of 
his  marriage  and  other  proceedings  there,  and  the  effect  of  the  sojournment  and  marriage 
of  Harriet,  in  the  same  territory,  upon  herself  and  her  children — it  might  become  needful 
to  advance  one  other  step  into  the  investigation  of  the  law ;  to  inspect  the  Missouri  Com- 
promise, banishing  slavery  to  the  south  of  the  line  of  3G°  30'  in  theLouisiana  purchase. 

"  But  no  exigency  of  the  cause  ever  demanded  or  justified  that  advance ;  for  six  of 
the  Justices,  including  the  Chief  Justice  himself,  decided  that  the  status  of  the  plaintiff, 
as  free  or  slave,  was  dependent,  not  upon  the  laws  of  the  State  into  which  he  had  been, 
but  of  the  State  of  Missouri,  in  which  he  was  at  the  commencement  of  the  suit.  The 
Chief  Justice  asserted  that  '  it  is  now  firmly  settled  by  the  decisions  of  the  highest  court 
in  the  State,  that  Scott  and  his  family,  on  their  return  were  not  free,  but  were,  by  the 
laws  of  Missouri,  the  property  of  the  defendant.'  This  was  the  burden  of  the  opinion 
of  Nelson,  who  declares  '  the  question  is  one  solely  depending  upon  the  law  of  Mis- 
souri, and  that  the  federal  Court,  sitting  in  the  State,  and  trying  the  case  before  us,  was 
bound  to  follow  it.'  It  received  the  emphatic  endorsement  ot  Wayne,  whose  general 
concurrence  was  with  the  Chief  Justice.  Grier  concurred  in  set  terms  with  Nelson  on 
all  '  the  questions  discussed  by  him.'  Campbell  says,  '  The  claim  of  the  plaintiff  to 
freedom  depends  upon  the  effect  to  be  given  to  his  absence  from  Missouri,  in  company 
with  his  master  in  Illinois  and  Minnesota,  and  this  effect  is  to  be  ascertained  by  refer- 
ence to  the  laws  of Missouri.1  Five  of  the  Justices,  then,  (if  no  more  of  them,)  regard 
the  law  of  Missouri  as  decisive  of  the  plaintiff's  rights." 

Note  32. — "Now,  as  we  have  already  said  in  an  earlier  part  of  this  opinion  upon  a 
different  point,  the  right  of  property  in  a  slave  is  distinctly  and  expressly  affirmed  in 
the  Constitution.  The  right  to  traffic  in  it,  like  an  ordinary  article  of  merchandise  and 
property,  was  guaranteed  to  the  citizens  of  the  United  States  in  every  State  that  might 
desire  it  for  twenty  years." — Ch.  J.  Taney,  19  How.  U.  S.  Ii.,  p.  451.  Vide  language 
of  Mr.  Madison,  note  34,  as  to  "  merchandise." 


28 

ht  in  relation  to  him  is  alluded  toj  it  is  n  p£  as  ".service 

labor  which  may  I  a  debt  payable  in   Ben  Lee  or 

\  -->.  it  would  be  open  to  show,  bv  contemporaneous 

that  this  in'  alluding  and  alayery,  instead 

of  them,  was  em]         d  on  }■  to  •  ■.■    :  I    from 

□stitntiop  the  idea  that  there  could  be  j  •  in  man. 

To  shqw  all  this,  is  easy  and  eertaiit  (34) 

'.  was the rl  ertj  not   Intended  to  be  "distinctly  and 

■    affirmed  in  the  Constitution ;"'  but  the  following  extract  fronvMr.  Madison 
•  that  the  utmi  - : — 

"  Tl  as  originally    i   '   ■     I    [t<  ad  'If  any  person 

i.r.iiALi.v  Lou;  .  .ice  or  labor  in  any  of  th    I  into  another 

[\  61,  8,  p.  l  t  :.■'..  i     hi  regard  to  this,  Mr.  Madi-oii  say-,   "The  term 
'legally*  was  struck  out,  and  the  words  'under  the  laws  thereof.'  inserted  after  the 
i  State,  in  compliance  mth  the  wish  of  some  who  thought  the  term  Mi -'.rally'  equivo- 
cal and  favoring  the  Idea  that  .-luwry  was  legal  in  a  moral  [mint  of  view." — lb.,  p.  1580. 

3  1. — 'AY  Blibjoin  a  portion  of  (he  bistoxj  allude  i  to  by  Mr.  Lincoln.  The  fol- 
lowing extract,  relates  to  the  provision  of  the  Constitution  relative  to  the  .-lave  trade. 
I  Artie!.-  1.  EfcC.  '.'.1 

'J.".7(  August,  17^7. — The  report  of  the  Committee  of  eleven  being  taken  up,  Gen. 
iries  Coteswocthl  JPinckney  moved  tb  -trike  out  the  words  "the  year  ISQO,"  and 
insert  the  words  "the  year  b^." 
Mr.  Gbrham  seconded  the  motion. 

Mr.  Mali-on — Twi-nt;.  •  \ears  will  produce  all  the  mischief  that  can  be  apprehended 
from  the  liberty  to  import  slaves.     So  lohgaVcrm  will  be  more  dishonorable  to  the 

American  character  than  to  toy  nothing  about  it  in  the  t'on.-titution. 

*  *  '  .  *  »  *  *  * 

Mr.  Crouverneur  Morris  was  for  making  the  clause  read  at  once — 
"Th'i  importation  of  .-laves  into  North   Carolina,  South  Carolina,  and  Georgia,  shall 
not  be  prohibited,''  fie. 

he  siid,  would  be  most  fair,  and  would  avoid   the  ambiguity  by  which,  under 
the  pow.  r  with  regard  to  naturalization  the  liberty  reserved  to  the  S   ites  might  be  de- 
I.     He  wished1  it   to  be  known,  ul.-o,  that  this  part  of  the  Constitution  was  a  com- 
pliance with  those  States.     If  the  change  of  language,  however,  should  be  objected  to 
by  the  members  from  those  States,  j  ;eit. 

.  liason,  (of  \'a..|  was  not  against  using  the  term  "  slaves,"  but  against  naming 
Vorth  <  irolina,  South  Carolina,  and  i  .  lest  it  should  giveoffence  to  the  people  of 

States. 
Mi.  Sherman  liked  a  description  better  than  the  terms  proposed,  which  had  been  de- 
clined by  the  •  ,  and  were  not  pleasing  tb  some  people. 
Mr.  i  I                      Hfcr6d  with  Mr.  Sherman. 

Mr.  Wllhan  North  Carolina,  said  that  both  in  opinion  and  practicehe  was  againtt 

ilacr>/:  i>d  thought  it  mot*  in  favor  of  Humanity ,7V din  a  view  of  all  circumstance*,  to 
I  and  Georgia,  on  those  termx,  than  to  exclude  them  from  the  Union, 
Mr.  Morris  withdrew  his  motion. 

Hr,  Diekmsbn  wished  the  clause  to  be  confined  to  the  States  which  had  not  them- 
selves prohibited  the  importation  of  sla\es,  and  for  that  purpose  moved  to  amend  the 
clause  so  a-  to  read — 

M The  importation  oj  mchofthj  '11  permit  the  same,  shall  not 

rohifrited  by  the  Legislature  of  the  Chited  States,  until  the  year  1808,''  which  was 
. .  d  i".  • 

■  irt  wa-  then  agreed  to  as  follows: 
••  The  migration  or  importation  of  such  persons  as  the  .-  vera!  State-;  now  existing  shall 
think  proper  to  admit,  shall  nui  be  prohi  slature  prior  to  the  year  1S08." 

Mr.  Sherman  was  against  the  second  part,  ["but  a  tax  or  duty  may  be  imposed  on 
such  migration  or  importation  at  a  rate  not  exceeding  the  average  of  the  dvtiit  laid  on 
import*?'1]  as  acknowledging  men  to  be  property  by  taxing  them  as  such  under  the 
char  tlavcs. 

Mr.  Madison  thought  it  wrong  to  admit  in   tht   Constitution  the  idea  that  titer*  <oa'.l 


2S» 

When  this  obvious  mistake  of  the  Judges  shall  be  brought  to 
theirnotice,  is  it  not  reasonable  to  <\;  eel  thai  they  will  withdraw  the 
mistaken  statement,  and  reeoiasider  the  conclusion  based  upon  it? 

And  then  it  is  to  be  remembered  that  "  our  fathers,  who  framed 
the  Government  under  which  we  live" — the  men  who  made  the 
Constitution — decided  this  same  Constitutional  question  in  our  fa- 
vor, long  ago — decided  it  without  division  among  themselves,  when 
making  the  decision;  without  division  among  tin imseTves'  about 
the  meaning  of  it  after  it  was  made,  and,  so  far  as  any  evidence  is 
left,  without  basing  it  upon  any  mistaken  statement  of  facts. 

Under  all  these  circumstances,  do  you  really  feel  yourselves 
justified  to  break  up  this  Government,  unless  such  a  court  deci- 
sion as  yours  is,  shall  be  at  once  submitted  to  as  a  conclusive  and 
final  rule  of  political  action  ?  But  you  will  not  abide  the  election 
of  a  Republican  President !  In  that  supposed  event,  you  say,  you 
will  destroy  the  Union ;  and  then,  yon  say,  the  great  crime  of  hav- 
ing destroyed  it  will  be  upon  us !  That  is  cool.  A  highwayman 
holds  a  pistol  to  my  ear,  and  mutters  through  his  teeth,  "  Stand 
and  deliver,  or  I  shall  kill  you,  and  then  you  will  be  a  murderer  !'' 

To  be  sure,  what  the  robber  demanded  of  me — mv  moncv — 
was  my  own ;  and  I  had  a  clear  right  to  keep  it :  btlt  it  was  no 
more  my  own  than  my  vote  is  my  own  ;  and  the  threat  of  death  to 
me,  to  extort  my  money,  and  the  threat  of  destruction  to  the  Union, 
to  extort  my  vote,  can  scarcely  be  distinguished  in  principle. 

A  few  words  now  to  Republicans.  It  is  exceedingly  desirable 
that  all  parts  of  this  great  Confederacy  shall  he  at  peace,  and  in  har- 
mony, one  with  another.  Let  us  Republicans  do  our  part  to  have  it 
so.  Even  though  much  provoked,  let  us  do  nothing  through  passion 
and  ill  temper.  Even  though  the  southern  people  will  not  so  much  as 
listen  to  us,  let  us  calmly  consider  their  demands,  and  yield  to  them  if, 
in  our  deliberate  view  of  our  duty,  we  possibly  can.  (35)  Judging  by 
all  they  say  and  do,  and  by  the  subject  and  nature  of  their  contro- 
versy with  us,  let  us  determine,  if  wre  can,  what  will  satisfy  them. 

Will  they  be  satisfied  if  the  Territories  be  unconditionally  sur- 

*  ui  property  in  men.     The  reason  of  duties  did'  not  hold,  as  slaves  are  not,  like  merchan- 
dise, consumed. 

********** 

It  was  finally  agreed,  nem.,  con.  to  make  the  clause  read — 

"  But  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceeding  ten  dollar* 
for  each  PERSON." — Madison  Papers,  Aug.  25,  1787. 

Note  35. — Compare  this  noble  passage  and  that  at  page   18,  with   the  muddle  oi 
Mr.  Orr,  (note  30,)  and  the  slang  of  Mr.  Douglas,  (note  37.) 


80 

rendered  to  them?    We  know  they  will  not    In  all  their  present  con  i- 
,the  Territori  -  I  i  ins 

and  insurr  are  the  rage  now.     Will  it  Batisfy  them,  it',  in  I 

I'm  to  do  with  invasions  and  insurrections?   We 

kn>  '.'.'■  soknow,  ise  we  know  we  never  had  ai 

thi:  ith  invasions  ami  insurrections;  and  yet  this  total  ab- 

apt  us  from  the  charge  and  the  denunciation. 
ion  recurs,  what   will   satisfy   them?     Simply  this: 
We  :i.  only  let  them  alone,  but   we  >mehow,  con- 

vince them  that  we  do  let  them  alone.     Thi  know  by  experi- 

task.      We  have  been  so  trying  to  convince  them 
from  tl  .  beginning  of  our  organization,  but  with  n 

In  all  our  platforms  and  speeches  wc  have  constantly  ted  our 

purpose  to  let  them  alone ;  but  this  has  had  n  I  >convh 

a.     Alike  unavailing  to  convince  them,   is  the  fact  that  they 
have  never  detected  a  man  of  us  in  any  attempt  to  disturb  them. 

These  natural,  and  apparently  adequate  means  all  failing,  what 
will  convince  them?  This,  and  this  only:  cease  to  call  slavery 
wrong,  and  join  them  in  calling  it  right  And  this  must  be  done 
thoroughlv — done  in  acts  as  well  as  in  words.  Silence  will  not  be 
tolerated — we  must  place  ourselves  avowedly  with  them.  Senator 
Douglas's  new  sedition  law  must  be  enacted  and  enforced,  suppn 
all  declarations  that  slavery  is  wrong,  whether  made  in  polil 
in  presses,  in  pulpits,  or  in  private.  "Wc  must  arrest  and  return 
their  fugiti  i  with  greedy  pleasure.    "We  must  pull  down  our 

•tutions.     The  whole  atmosphere  must  be  disin- 
fect n  all  taint  of  opposition  toslav        '    fore  they  will  cease 
that  all  their  troubles  proceed  from 
1  am  quite  aware  they  do  uot  state  their  sly  in  this 
Most  of  them  would  probably  say  to  us,  "Let  us  alone,  do 
md  say  what  you  please  about  slave:  But   Ave 
do  let  them  alone — ha-.            :r  disturbed  them — so  that,  after  all, 
it  is  what             /,  which  di                  them'      They  will  continue  to 
acc         -  of  doing,  until  •..          ie  savin. 

i  aware  they  have  not,  as  yet,  in  terms,  demanded  the 

overthrow  of  our  I  »  Constitutions.  (36)  Yet  those  Constitu- 

leolare  I         rong  of  ry,  with  mor<  on  emphasis, 

Xotk  8<>. — Th^t  demand  has  since  been  made.  I      O'COSOR,  counsel  for  the 

Ptate  of  Virginia  in  the  Lemon  Com,  pig*  41:  "We  claim  that  under  thcae  various 
"  provisions  of  the  ]  lei  il  Constitution,  a  citizen  of  Virginia  has  an  immunity  against 
"the  operation  of  anj  law  which  the  State  of  Kew-York  can  enact,  whilst  he  is  a  stran- 


31 

than  do  all  other  sayings  against  it;  and  when  all  those  otter 
sayings  shall  have  been  silenced,  the  overthrow  of  these  Constitu- 
tions will  be  demanded,  and  nothing  be  left  to  resist  the  demand. 
It  is  nothing  to  the  contrary,  that  they  do  not  demand  the  whole 
of  this  just  now.  Demanding  what  they  do,  and  for  the  reason 
they  do,  they  can  voluntarily  stop  nowhere  short  of  this  consum- 
mation, llolding,  as  they  do,  that  slavery  is  morally  right,  and 
socially  elevating,  they  cannot  cease  to  demand  a  full  national 
recognition  of  it,  as  a  legal  right,  and  a  social  blessing.  (37) 

Nor  can  we  justifiably  withhold  this,  on  any  ground  save  our 
conviction  that  slavery  is  wrong.  If  slavery  is  right,  all  words, 
acts,  laws,  and  constitutions  against  it,  are  themselves  wrong,  and 
should  be  silenced,  and  swept  away.  If  it  is  right,  we  cannot 
justly  object  to  its  nationality — its  universality  ;  if  it  is  wrong,  they 

"  gcr  and  wayfarer,  or  -whilst  passing  through  our  territory ;  and  that  he  has  absolute 
"  protection  for  all  his  domestic  rights,  and  for  all  his  right9  of  property,  which  under 
"  the  laws  of  the  United  States,  and  the  laws  of  his  own  State,  he  was  entitled  to, 
"  whilst  in  his  own  State.     We  claim  this,  and  neither  more  kor  less." 

Throughout  the  whole  of  that  case,  in  which  the  right  to  pass  through  New-York 
with  slaves  at  the  pleasure  of  the  slave  owners  i3  maintained,  it  is  nowhere  contended 
that  the  statute  is  contrary  to  the  Constitution  of  New-York  ;  but  that  the  statute  and 
the  Constitution  of  the  State  are  both  contrary  to  the  Constitution  of  the  United  States. 

The  State  of  Virginia,  not  content  with  the  decision  of  our  own  courts  upon  the 
right  claimed  by  them,  is  now  engaged  in  carrying  this,  the  Lemon  case,  to  the  Supreme 
Court  of  the  United  States,  hoping  by  a  decision  there,  in  accordance  with  the  inti- 
mations in  the  Drcd  Scott  case,  to  overthrow  the  Constitution  of  New-York. 

Senator  Toombs,  of  Georgia,  has  claimed  in  the  Senate,  that  laws  of  Connecticut, 
Maine,  Massachusetts,  Michigan,  New  Hampshire,  Ohio,  Rhode  Island,  Vermont,  and 
Wisconsin,  for  the  exclusion  of  slavery,  conceded  to  be  warranted  by  the  State  Consti- 
tutions, are  contrary  to  the  Constitution  of  the  United  States,  and  has  asked  for  the 
enactment  of  laws  by  the  General  Government  which  shall  override  the  laws  of  those 
States  and  the  Constitutions  which  authorize  them. 

Note  37. — "Policy,  humanity,  and  Christianity,  alike  forbid  the  extension  of  the  evils  of 
free  society  to  new  people  and  coming  generations." — Richmond  Enquirer,  Jan.  22, 1856. 

"  I  am  satisfied  that  the  mind  of  the  South  has  undergone  a  change  to  this  great  ex- 
"  tent,  that  it  is  now  the  almost  universal  belief  in  the  South,  not  only  that  the  con- 
"  dition  of  African  slavery  in  their  midst,  is  the  best  condition  to  which  the  African 
"race  has  ever  been  subjected,  but  that  it  has  the  effect  of  ennobling  both  races,  the 
"ichite  and  the  black.'" — Senator  Mason,  of  Virginia. 

"  I  declare  again,  as  I  did  in  reply  to  the  Senator  from  Wisconsin  (Mr.  Doolittle,) 
that,  in  my  opinion,  slavery  is  a  great  moral,  social  and  political  blessing — a  blessing 
to  the  slave,  and  a  blessing  to  the  master." — Mr.  Broicn,  in  the  Senate,  March  G,  1S60. 

"  I  am  a  Southern  States'  Rights  man;  I  am  an  African  slave-trader.  I  am  one 
of  those  Southern  men  who  believe  that  slavery  is  right — morally,  religiously,  socially, 
and  politically."     (Applause.)  ****** 

"  I  represent  the  African  Slave-trade  interests  of  that  section.  (Applause.)  lam  proud  of 
the  position  I  occupy  in  that  respect.  I  believe  the  African  Slave-trader  is  a  true  mission- 
ary and  a  true  Christian."  (Applause.) — Mr.  Gaulden,  a  delegate  from  First  Congressional 
District  of  Georgia,  hi  the  Charleston  Convention,  noic  a  supporter  of  Mr.  Douglas. 

"  Ladies  and  gentlemen,  I  would  gladly  speak  again,  but  you  see  from  the  tones  of 
my  voice,  that  I  am  unable  to.  This  has  been  a  happy,  a  glorious  day.  I  shall  never 
forget  it.  There  is  a  charm  about  this  beautful  day,  about  this  sea  air,  and  especially 
about  that  peculiar  institution  of  yours — a  clam  bake.  I  think  you  have  the  advantage, 
in  that  respect,  of  Southerners.  For  my  own  part,  I  have  much  more  fondness  for  your 
clams  than  I  have  for  their  niggers.  But  every  man  to  his  taste." — Hon.  Stephen  A. 
Douglas's  Address  at  Rocky  Point,  11.  I.,  Aug.  2,  1S60. 


apt  justly  insist  upon dts  iaion — :i  oaent     Allii    . 

,:it,  if  '.•  Av.-ry  I 

..     .    .  rant,  il'th.y  1;.  itWTOng.  (38)   Thi-ir 

thinking  it  r  and  our  thinking  it  wrong,  is  the  .precise  fact 

Thinking  it  right, as 

are  opt  to  Maui''  :'  full  recognition,  as 

but,  think:       I  f  aswedo,  can  we  yield  tothem? 

3  with  their  vie  w,,an4  again*  '■'■<■'   '    \  ■ 

iur  mora!,  social,  and  political  responsibilities,  can  we  do  th 

Wr  .         cry  i<,  we  can  j  rd  to  let  it  alone 

i  that  much  is. due  to  the  ssity  prising  from 

its  :■•'•  in  the  nation  ;  but  can  we,  while  <>ur  votes  will 

ivent  it,  allow  it  to  spread  into  the   Natrona]  Territories,  and  to 

min  us  here  in  these  Five  States?     [four  senseof  duty  forbids 

tiii-.  then  lei  us  Btand  by  our  duty,  fearlessly  and  effectively.     Let 

1  by  none'  srahjstical  contrivances  wherewith 

we  are  so  industriously  plied  and  belabored — contrivances  such  as 

groj'inLr  for  Borne  middle  ground  between  we  right  and  the  wrong, 

.    In  as  the  search  for  a  man  who  should  be  neither  a  living  man 

nor  a  dead  man — such  as  a  policy  of  "don't  can1"  on   a  question 

ttt  which  all  true  men  do  eaiv—  B»cb  B£  I'nion  ap]  ch* 

ing  true  [Jnion  men  to  yield  to  Disunionists,  reversing   the  divine 

rule  and  calling,  not  the  sinner-,  but  the  righteous  to  repentant, — 

•h  as  invocations  to  Washington,  imploring  men  to  unsay  what 

shington  said,  and  undo  what  Washington  dicL 

Neither  let  us  be  slandered  from  our  duty  by  false  accusations 

•  us,  nor  frightened  from  it  by  menaces  of  destruc:  :he 

•nt  nor  of  dungi  -.'Ives.       LET   I  S    UA\  E 

PA1TH    THAT  RIGHT  MAKES  MIGHT,   AN1>    IN     THAT 

. in i.  i.i:tus,  totiik  km».  i»aki-;todo  oukduty 

•   \VK  i  !     i'ANDIT.  

Note  ?8. — It  i-  interesting  to  observe  how  two  profoundly  logical  minds,  though 
:lug  extreme, «ppo  -.  havgdeduci  dithisc  imman conclusion.  Bays  lit-. 

eminent  leader  of  the  New-York  Bar,  and  the  co mi-  1  It  the  State  of  Virginia  in 
Lemon  cm*,  in  his  Bpeech  at  C  »oper  In  titute,  December  19th,  1859: — 
'■That  J8th0point  to  which thfc  umenJ  must  come— Is  negro  slavery  unjust  ? 

If  I c  i -»  unjust,  it  •  that  firs<  rule  ox  human  conduct—'  Bender  to  every  man  his 

due'    If  it  ii  It  riolates  the  law  of  God  which  says,  '  [iore  thy  neighboras 

Detratc  no  injustice.     Gentleman,  if  it  c 
oaintained  that  negro  slavery  "  ,  perhaps  1  might  be  prepared — perha] 

ired — io  pi  with  I  ushed  man  to  whom  allusion  is 

.  higher  law  which  i  ompels  as  to  trample  bew 
•  jtabhshed  bj  with  all  the  blessingfl  it  secures  to  their 

r.   .  1  in.-Ut — and  that  is  th<  ai  jumentwl  t,andon  which  we 

onclusion  thai  .-lull  goTcrp  our  actions  is  the  future selection  ofrepre- 
t~r.  rrewofth    '  I  Insist  that  negro  dari  ■■!-,-•